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POLICIES of the KEA BOARD OF DIRECTORS

I - GENERAL

1.1 Policies have been adopted from time to time to address procedures not found in

the Constitution, Bylaws, and Standing Rules necessary for the function of the

Board or the Association.

1.2 Additions, deletions, and changes in policy may be adopted by majority vote at

any meeting of the KEA Board of Directors, or the Delegate Assembly.

1.3 Policy items adopted after December 1994 shall be so designated in the minutes.

1.4 No later than May each year, the KEA President shall appoint one to three board

members to serve as an editing committee which will work with appropriate staff

to prepare the policies for publication. The committee shall have the authority to

determine the format for printing the policies and to edit items for clarity,

consistent structure, grammar, numbering, and similar matters. An index by topic

shall be prepared to make information more accessible.

1.5 Unless otherwise referenced, these policies were revised and adopted by the KEA

Board of Directors on December 3, 1994.

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II - BOARD OF DIRECTORS

2.1 The Board of Directors shall consist of the President, Vice President, NEA

directors, and any administrator director at large, the two ethnic minority

directors-at-large, one representative of the student program, representatives of the

district education associations, and representatives of the retired organization.

2.2 Regular meetings of the KEA Board shall be held at least quarterly.

2.3 At the May meeting, the Board shall approve the schedule of meetings for the

following year.

2.4 Special meetings of the KEA Board may be called by the President of KEA. The

call should state the purpose, time, and place of the meeting, and should be issued

as far in advance as possible. Special meetings shall be called by the President

when a majority of the elected members of the Board make a request for such a

meeting. Unless a majority of the Board members present agree, matters other

than those included in the call may not be considered at a special meeting.

2.5 Consistent with the Constitution, Bylaws, and Standing Rules, a majority of the

members shall constitute a quorum. A quorum shall be present for business to be

transacted. (Bylaw 3.5 a)

2.6 The President shall send copies of the tentative agenda and pertinent information

to the board members as far in advance as possible. Board members shall have an

opportunity to submit items for consideration.

2.7 Before a vote is taken, motions, and amendments shall be written and presented to

the Chair.

2.8 Open sessions of the Board shall be taped. The tapes and materials presented

shall be kept on file for 5 years following approval of the minutes.

2.9 A board member may request permission for a visitor to address the board. If

there is objection to the request, the board shall vote on whether to grant the

request.

2.10 Committee Chairs or their designees shall be invited to present committee

recommendation(s) which require action by the KEA Board or provide

information requested by the Board.

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2.11 Bylaw 5.5 outlines requirements for open meetings of the Board of Directors as

well as for other official bodies.

2.12 Board members who take office July 1 shall be invited to attend the June Board

meeting and shall be provided with minutes and other board materials. An

orientation meeting with the KEA President, Vice President, Executive Director,

and others as requested by the President shall be held in conjunction with the June

meeting.

2.13 All final votes of the KEA Board Policy dealing with matters of Board Policy,

personnel, or expenditures in excess of $500 be recorded by roll call vote.

2.14 Minutes of meetings of the Board shall be sent to board members and

management and professional staff within ten working days following the Board

meeting.

2.15 "Board Briefs" of meetings of the Board shall be sent to board members,

management, and professional staff as soon as possible following the Board

meeting.

2.16. Correspondence shall be sent each fall to district presidents to notify them that

KEA Board positions to be elected are contingent on membership as of January 15

of the year to be seated with clarifying information and examples. This

correspondence will be sent separately from other correspondence and shall be

copied to UniServ staff. (8/97)

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III - OFFICERS

3.1 The KEA President's salary shall be calculated by multiplying the state's average

teacher's salary by 2.1 with the current fringe benefit package as outlined below.

The President’s salary shall not be less than the President’s salary in the previous

year unless changed by action of the Board of Directors. (8/04)

3.2 The KEA Vice President's salary shall be calculated by multiplying the state's

average teacher's salary by 1.6 with the current fringe benefit package as outlined

below. The Vice President’s salary shall not be less than the Vice President’s

salary in the previous year unless changed by action of the Board of Directors.

(8/04)

3.3 Benefits:

A. Insurance

Health, dental, vision, prescription, drug card, life with AD&D, and long

term disability insurance, with current group coverage as provided to staff.

B. Retirement

Continued participation in the Kentucky Teachers Retirement System with

both employer and employee contributions made by KEA as required by

the State.

C. Leased Cars

A lease car with a value comparable to mid-size automobiles shall be

provided to the officers (subject to IRS regulations on taxability).

D. Relocation/Living Allowance

Each executive officer shall be provided a living allowance of up to $800

per month provided he or she relocates to the Franklin County area

payable monthly upon receipt of rental and/or utility bills (subject to IRS

regulations on taxability). (8/02)

E. Holidays

The following days shall be non-working paid holidays (Saturdays and

Sundays, excluded):

a. New Years Day

b. Martin Luther King, Jr. Birthday

c. Good Friday

d. Memorial Day

e. July 4th

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f. Labor Day

g. Thanksgiving and Friday following

h. December 22 through December 31

3.4 Employee Assistance Plan

Officers shall be included in the KEA Employee Assistance Program, with

expenditure of up to $50 per officer per year for such program.

3.5 Injury on the Job

Any officer injured on the job, such injury having formally been recognized as

compensable by KEA's insurance carrier, and during the first 90 days the

employee receives workers' compensation benefits, shall receive for 90 days such

salary as would normally be received, less the amount the employee receives from

workers compensation.

3.6 Benefit Pool

Participation in the qualified Cafeteria Plan will be continued in its present form

until further notice.

3.7 Vacation

Vacation leave for officers will accumulate at the rate of 2 days per month and

will accumulate only to the end of their term. Vacation may be used at the rate of

24 days per fiscal year, and any remaining balances at the end of their term will be

forfeited.

3.8 Personal Leave

Five days personal leave for officers will be provided each fiscal year with unused

amounts being forfeited at the end of each fiscal year.

3.9 Sick Leave

Sick leave for officers will accumulate at the rate of 1 day per month and will

accumulate to the end of their term of office. At the end of the term, 30 percent of

any unused sick leave will be paid to the officer in cash (subject to taxability) at

the current salary rate.

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IV - COMMITTEES/CAUCUSES/ETC.

A. Committees

(Article VI of the Constitution, Bylaws, and Standing Rules contains specific information

relating to committees)

1. All Committees are Committees of KEA and should be referred to as such.

2. Minutes of each committee meeting should be returned to the KEA office.

Minutes will be the responsibility of the KEA staff liaison and the committee

chairperson.

3. Committees are to carry out the functions which they are assigned and for which

they are budgeted. Committees are authorized to expend funds only as budgeted.

Reallocation of funds or request for additional funds requires Board of Directors

approval.

4. Committees are directly responsible to the KEA President or Board of Directors

and are not themselves policy-making bodies. Their authority is derived from the

Delegate Assembly, Board of Directors, or KEA President.

5. Committees are not authorized to make policy statements in the name of KEA nor

publish any documents that may be interpreted as policy of the KEA without

authorization from the KEA Board of Directors.

6. Funding for committee activities shall be provided through the Program Budget.

7. Expenses incurred for travel by members of committees shall be reimbursed in the

same manner and at the same rates as for members of the KEA Board.

8. Expenses for travel to and participation in meetings other than officially called

business meetings shall be handled on a case-by-case basis.

9. Members of Standing Committees shall enter terms of office on July 1 following

their election.

10. The President shall make appointments to Standing Committees to provide for

minority representation. In addition, gender, geographic distribution, varying

levels of association experience, and other factors should be considered in making

other committee appointments.

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11. Charges of the Standing Committees shall be set out in Bylaw 6.2b with additional

charges determined by the KEA Board of Directors or President. The KEA

President shall assign charges to the appropriate committee or subcommittee.

12. When the KEA president recommends individuals for new working groups, such

as ad hoc committees, work teams, and task forces, a majority of those individuals

recommended must be current classroom teacher members of the association. If

written rationale is provided in advance, explaining why this is not possible, or

necessary, a waiver may be granted by two thirds of the KEA Board of Directors,

or a majority of the KEA Representative Assembly. (1999 Delegate Assembly)

B. Caucuses

1. Any member of the KEA may initiate the formation of a caucus and invite support

of other members KEA governing bodies and KEA management and staff are not

involved in the organization and/or operation of a caucus.

2. All expenses of a caucus must be borne by said caucus. This includes meeting

expenses, materials, mailings, etc.

3. Caucuses who wish to meet during the KEA Delegate Assembly will receive the

following assistance:

Logistical assistance which is reasonable and appropriate in connection with

the Annual Delegate Assembly such as securing a meeting room or posting

meeting announcements. These requests should be made with the Executive

Director’s Office.

Caucus meetings cannot be scheduled during business sessions of the Delegate

Assembly.

Prior to the Delegate Assembly, the caucus chairperson should contact the

KEA Convention Coordinator to file a meeting room request. Because of

limited meeting room space, allocations will be made on a first-come, first-

served basis.

Any cost incurred for a meeting room for a caucus meeting will be borne by

the caucus requesting the room.

Any materials needed by the caucus shall be prepared by the caucus. This

would include minutes and other records of caucus actions or other materials

helpful to the internal functioning of the caucus. Zerox services will be

handled by the caucus directly with the hotel business office or with a

duplicating service or by caucus members.

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KEA Standing Rules govern the distribution of materials and information to

the delegates and in the delegate assembly hall and must be adhered to at all

times. (1/97)

C. Review Board

Under Article VII, Section 1, of the KEA Constitution, "the judicial powers of the

Association shall be vested in a Review Board." Under Article VII, Section 2, the

Review Board has jurisdiction in the following cases:

1. Impeachment of an officer who is a member of the Executive Committee

or the Board of Directors;

2. Alleged violations of the Code of Ethics of the Education Profession;

3. The censure, suspension, or expulsion of a member;

4. Review, upon request, of an action of the Executive Committee, Board of

Directors, or Delegate Assembly, regarding consistent application of the

Constitution or Bylaws of the Association.

Article VII, Section 4, provides as follows: "The Review Board shall establish its rules of

procedure with the approval of the Board of Directors. Due process shall be guaranteed

in all its proceedings."

Pursuant to its authority under the above constitutional provisions, the Review Board,

subject to the approval of the Board of Directors, hereby adopts these rules of procedure.

Procedure for KEA Review Board

1. Impeachment of an Officer

A. Impeachment

An officer or member of the Board of Directors may be impeached only for a

violation of the Code of Ethics of the Education Profession, or for misfeasance,

malfeasance, or nonfeasance in office. The following shall constitute

misfeasance, malfeasance, or nonfeasance in office:

1. Misfeasance - performance of official duties in a flagrantly arbitrary or

abusive manner.

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2. Malfeasance - a willful performance of official duties in violation of a

provision of the KEA Charter, Constitution or Bylaws, or of a written

policy of the KEA.

3. Nonfeasance - a willful refusal or failure to perform faithfully the official

duties of the office.

B. Initiation of Proceedings

1. Impeachment proceedings against an officer or Board member may be

initiated by written petition submitted to the Review Board by at least 20

percent of the certified delegates to the Delegate Assembly charging an

impeachable act as defined in Section I of these rules.

2. A copy of the charge(s) shall be sent to the charged officer, by certified

mail, return receipt requested, within ten days.

3. The Review Board shall receive each charge filed and shall schedule a

hearing, except that the charge shall be dismissed without a hearing if:

a. The charge is filed more than six months after the conduct in

question occurred.

Upon scheduling a hearing, the Review Board shall send to the charged officer and to the

charging party, by certified mail, return receipt requested, a copy of the charge, a notice of

the date, time, and place of the hearing to be held, and a copy of these rules. The

foregoing material shall be received by the charged officer and the charging party at least

twenty days prior to the hearings.

C. Hearing.

1. The hearing shall take place before at least six members of the Review

Board. The case against the charged officer shall be presented before the

charged officer presents his or her response. Witnesses may testify either

in narrative form or through questions and answers. All relevant non-

repetitious information shall be admissible as evidence and given such

weight as the Review Board deems appropriate.

2. Evidence in support of the charge shall be presented by the charging party.

3. The charged officer shall have the right to appear at the hearing in his/her

behalf or be represented by counsel of his/her choosing; to present

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witnesses and other evidence on his/her behalf; to cross-examine

witnesses, and to make a brief opening and closing argument.

4. If, without good cause, the charged officer does not appear at the hearing,

the Review Board may proceed with the hearing and render its decision in

his/her absence.

5. Hearings, insofar as practicable, shall be open to all persons who conduct

themselves in an orderly manner, provided that on the written request of

the charged officer, or for good cause on its own initiative, the Review

Board may limit attendance to persons necessary to the hearing.

6. The Review Board shall afford the charging party and the charged officer a

reasonable opportunity to submit post-hearing written arguments. Within

thirty days after the date established for the submission of any post-hearing

written arguments, or within forty-five days after the conclusion of the

hearing if no post-hearing written arguments are to be submitted, the

Review Board shall render its decision.

7. The affirmative vote of at least six members of the Review Board shall be

required to sustain the charge. If this required number of votes is not

achieved within the forty-five-day period set forth, the charge shall be

dismissed. The decision of the Review Board shall be in writing, shall be

served by certified mail, return receipt requested, on the charging party,

and the charged officer, and shall be postmarked within five days after the

vote of the Review Board or the expiration of the aforesaid forty-five-day

period, whichever is sooner. A transcript of the hearing shall be available

upon request of either party.

8. If by a two-thirds vote of the Review Board, the charge is sustained, the

president shall call a special meeting of the Delegate Assembly no sooner

than ten days nor more than 21 days of the decision. If, after due process,

a two-thirds vote of the Delegate Assembly shall sustain the charge, the

office shall become vacant.

2. Censure, Suspension, or Expulsion of a member of the KEA for violations of the

code of ethics of the education profession or other sufficient cause

A. Censure, Suspension, or Expulsion for Cause.

A member may be censured, suspended, or expelled only for cause. The

following shall constitute cause:

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1. A willful violation of a provision of the KEA Constitution or Bylaws, or

the Code of Ethics of the Education Profession.

2. Conduct which is intended to interfere with or prevent the implementation

of a provision of the KEA Constitution or Bylaws, provided that this

section shall not be construed to prohibit a member from criticizing or,

through appropriate means, seeking to change any such provision.

B. Initiation of Proceedings.

1. A written charge against a member may be filed with the Review Board by

(i) a governing body of any affiliate of which the person charged is a

member or (ii) ten or more KEA members.

A copy of the charge shall be sent to the charged member, by certified

mail, return receipt requested, within ten days after the date of filing.

2. The Review Board shall review each charge filed and shall schedule a

hearing at the request of three or more of its members, provided that the

Review Board shall not schedule a hearing upon a charge alleging a

violation of the Code of Ethics of the Education Profession unless the

charging party has made a good faith effort to exhaust any procedures for

processing such violations which have been established by the local

affiliates of which the person charged is a member. A statement of any

action taken by the local affiliate shall accompany the charge. A charge

shall be dismissed if:

a. three or more members of the Review Board do not request a

hearing within thirty days after the date of filing;

b. the charge is filed more than three months after the conduct in

question occurred.

Upon scheduling a hearing, the Review Board shall send to the charged

member and the charging party, by certified mail, return receipt requested,

a copy of the charge, a notice of the date, time, and place of the hearing to

be held, and a copy of these rules. The foregoing material shall be received

by the charged member and by the charging party at least twenty days prior

to the hearing, provided that this period may be shortened with the written

consent of the Review Board, the charged member and the charging party.

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C. Hearing.

1. The hearing shall take place before at least six members of the

Review Board and shall be conducted in an informal manner. The

case against the charged member shall be presented before the

charged member presents his or her response. Witnesses may

testify either in narrative form or through questions and answers.

All relevant non-repetitious information shall be admissible as

evidence and given such weight as the Review Board deems

appropriate. Upon timely requests by the charging party or the

charged member, or upon the Review Board's own initiative, a

stenographic transcript of the hearing shall be prepared. A copy of

such transcript shall, upon request, be made available to the

charging party and to the charged member at the expense of the

party requesting the transcript.

2. Evidence in support of the charge shall be presented by the

charging party.

3. The charged member shall have the right to appear at the hearing,

to present witnesses and other evidence on his or her own behalf,

to cross-examine witnesses, and to make brief opening and closing

arguments.

4. If, without good cause, the charged member does not appear at the

hearing, the Review Board may proceed with the hearing and

render its decision in his or her absence.

5. Hearings, insofar as practicable, shall be open to all persons who

conduct themselves in an orderly manner, provided that on the

written request of the charged member, or for good cause on its

own initiative, the Review Board may limit attendance to persons

necessary to the hearing.

6. The Review Board shall afford the charging party and the charged

member a reasonable opportunity to submit post-hearings written

arguments. Within thirty days after the date established for the

submission of any post-hearing written arguments, or within forty-

five days after the conclusion of the hearing if no post-hearing

written arguments are to be submitted, the Review Board shall

render its decision.

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7. The affirmative vote of at least six members of the Review Board

shall be required to censure, suspend, or expel a charged member.

If this required member of votes is not achieved within the forty-

five-day period, the charge shall be dismissed. The decision of the

Review Board shall be in writing, shall be served by certified mail,

return receipt requested, on the charging party and the charged

member, and shall be postmarked within five days after the vote of

the Review Board.

8. With the written consent of the charging party and the charged

member, the Review Board may render its decision on the written

submissions of the parties without a hearing.

9. If the charged member is suspended subject to conditions, the

charged member, when he or she considers the conditions to be

satisfied, may submit to the Review Board an affidavit

demonstrating compliance. Within thirty days of the receipt of

such affidavit, the Review Board shall:

a. lift the suspension of the charged member;

b. accepting the allegations of the affidavit as true, continue

the suspension of the charged member and indicate in

writing the specific respects in which he or she has failed to

satisfy the conditions; or

c. hold a hearing to determine whether to lift or continue the

suspension of the charged member.

10. The Review Board may vacate the censure, lift the suspension, or

reinstate a member at any time on the affirmative vote of at least

six members of the Review Board. Before taking any such action,

the Review Board shall provide written notice to the charging party

and afford him or her an opportunity to submit his or her views to

the Review Board in writing.

D. Appeal to the Board of Directors.

1. If the Review Board votes to censure, suspend, or expel the charged

member, he or she may, within thirty days of his or her receipt of the

decision of the Review Board, file a notice of appeal with the Board,

together with any written arguments that he or she may desire to

submit. The only basis for appeal under this section shall be that the

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Review Board has failed to comply with the procedures set forth in

these rules. The charging party may file a written response within

thirty days of receipt of appeal and arguments submitted by the

charged member. The charged member may file a reply within ten

days of receipt of any response by the charging party. At the same

time that they file any material with the Board, the charged member

and the charging party shall send a copy of all such material to the

other party by certified mail, return receipt requested.

2. The Board may, in its sole discretion, decide the appeal on written

material or may schedule oral argument.

3. Within twenty days after the date established for the submission of

any written material or the conclusion of any oral argument,

whichever is later, the Board shall render its decision.

4. The Board may remand the matter to the Review Board for such

further proceedings as the Board deems appropriate, provided that the

affirmative vote of at least a majority of the full membership of the

Board shall be necessary in order for it to do so. If this required

number of votes is not achieved within the twenty-day period set

forth, the decision of the Review Board shall have been affirmed. The

decision of the Board shall be in writing, shall be served by certified

mail, return receipt requested, on the charging party, the charged

member, and the chairperson of the Review Board, and shall be

postmarked within five days of the vote of the Board.

E. Informal Disposition.

Nothing contained in these rules shall be construed to prevent the Review

Board from attempting to dispose informally, with the consent of the

charging party and the charged member, of any charge filed.

3. Review of an action of the Executive Committee, Board of Directors, or

Representative Assembly for the consistency with the Constitution and Bylaws

A. Review of Challenged Actions.

An action of the Executive Committee, Board of Directors or Delegate Assembly

may be reviewed by the Review Board for consistency with the Constitution and

Bylaws. An action of the Executive Committee, Board of Directors, or Delegate

Assembly shall be deemed inconsistent with the Constitution or Bylaws only if the

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Review Board finds that said action is not consistent with any reasonable

interpretation of the language or intent of the Constitution or Bylaws.

B. Initiation of Proceedings.

Requests for review by the Review Board may be made by the filing of a petition

for review by:

1. the Executive Committee;

2. the Board of Directors;

3. the Delegate Assembly;

4. official action of a local affiliate; or

5. twenty percent of the certified delegates to the Delegate Assembly.

C. Decision of Review Board.

1. The Review Board shall review each petition for review filed, and

may schedule a hearing, receive written submissions, and/or take such

other steps as it deems appropriate in order to determine whether the

challenged action is consistent with the Constitution and Bylaws. The

Review Board shall render its decision within twenty days after the

date of filing.

2. The affirmative vote of at least six members of the Review Board

shall be necessary to find that an action of the Executive Committee,

Board of Directors, or Delegate Assembly is inconsistent with the

Constitution or Bylaws. If this required number of votes is not

achieved within the twenty-day period set forth in these rules, the

challenged action shall be deemed consistent with the Constitution

and Bylaws and the petition challenging the action shall be dismissed.

The decision of the Review Board shall be in writing, shall be served

by certified mail, return receipt requested, on the representatives of

the challenged body and the challenging party and shall be

postmarked within five days after the vote of the Review Board.

3. If the Review Board finds that the challenged action is inconsistent

with the Constitution or Bylaws, it shall so report in writing to the

appropriate governing body, recommending remedial action if

necessary. As used, the phrase "appropriate governing body" shall

mean the governing body whose action is being challenged and any

other governing body that the Review Board believes should take

remedial action.

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D. Distribution of Decisions.

The decision of the Review Board shall be the property of the highest governing

body to which it is submitted by the Review Board, and said governing body shall

be solely responsible for determining whether and to what extent the decision or

any portion thereof shall be distributed. The Review Board may include with its

decision a recommendation regarding distribution, and upon request shall have the

right to appear before the governing body in support of the recommendation.

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V - MEMBERSHIP

A. Membership

1. Members whose names do not appear on the APA list for local associations

and from whom KEA does not have written notice of resignation shall be

notified that their dues are to be paid directly to KEA.

2. Local presidents shall be notified of members who have not sent in

resignations and who do not appear on the lists coming back from local

associations or school districts.

3. If a member prefers to pay dues personally instead of through payroll

deduction, that person must pay monthly installments. The cash-paying

member must pay 50% of the year’s total dues by January 15. Final and

complete payment must be made by March 15th

. A missed monthly

payment can be combined with the following month’s payment to keep the

membership current. If this is not done, the membership is terminated.

VISA, MasterCard, money order, or a personal check will be accepted along

with the membership form for a one-time transaction. (10/2001)

4. KEA Membership will become effective upon the date received by a KEA

member, KEA employee, the KEA Headquarter’s Membership/Finance

office, upon the first deduction of dues, or upon the individual automatic

enrollment date, whichever occurs first. (10/2001)

5. Neither service nor protection (i.e., legal assistance) is retroactive from date

of membership.

6. Dues liability is computed at the rate of 1/12 per month during the

membership year (September 1-August 31), for any month or portion of

month; i.e., a member who joins on May 18 is liable for the cost of dues for

May.

7. A continuing member who discontinues membership during the official

window period may be reinstated during that same membership year by

paying the entire annual membership fee for that year. Otherwise, the fee

liability for reinstatement of former continuing members would be treated

the same as for new members – 1/12 annual fee for each month or portion of

month – September 1-August 31.

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8. For purposes of recruitment and organizing, exceptions to normal

membership procedures may be made upon authorization of the Executive

Director.

9. Appeals of any membership practice or procedure may be submitted first to

the Executive Committee and, if desired, to the Board of Directors. If a

person wishes to appeal the findings of the Finance/Membership

Department of KEA that the person is not a KEA member, the person can

provide documentation that he or she is a member to the Emergency Legal

Committee within 10 days of the findings of the Finance/Membership

Department. The decision of the Emergency Legal Committee will be final.

(10/2001)

10. Dues shall be waived for any current KEA member who is called into active

military action in the fight against terrorism. (10/01)

11. KEA-R hardship dues for teachers who retired before 1973 shall be five

dollars ($5.00) per year. (8/95)

12. All district presidents will be notified of their January 15 membership

numbers by February 15 of each year. (8/97)

13. Associate membership shall be provided to all KEA Student Program

Advisors. (8/01)

B. Member Benefits Program

1. The KEA Member Benefits program's major mission is to utilize its group

purchasing power to offer members of the Association the best products and

services available. Specifically, programs of a voluntary nature which offer

members the best combination of quality, convenience, and reliability are to

be emphasized. Programs sponsored by the Association should assist the

Association in its membership attraction and retention goals.

2. The Member Benefits Program is considered a business activity of the

organization and, as such, operates from policies and administrative

guidelines established by the KEA Board of Directors and the KEA

Executive Director. The Member Benefits Committee reviews annual

reports of companies supplying products to the Association, examines

consumer needs and complaints, and advises the Association regarding the

attainment of annual goals and objectives.

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3. KEA staff members manage contracts which address supplier

responsibilities with each of the companies involved in offering the

adjudication of consumer complaints. KEA staff is responsible for briefing

suppliers on their responsibilities and to conduct general leadership training

to apprise Association officials of the sponsored offerings; this in

cooperation with each of the companies supplying products.

4. KEA Member Benefits coordinates state offerings with NEA offerings in

order to best utilize the resources and buying power of the NEA. The

implementation of product research is a further task of KEA Member

Benefits, along with the evaluation of company and member acceptance of

sponsored programs.

C. Attorney Referral Program

KEA will implement the NEA Attorney Referral Program for KEA members. It

will be administered by the KEA Legal Services Director.

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VI - DELEGATE ASSEMBLY

The scheduling, operation, and delegate allocation and election are outlined by the

KEA Constitution, Bylaws and Standing Rules.

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VII – Ethnic Minority Participation

The KEA Board of Directors affirms its commitment to ethnic-minority participation at

all levels of association governance and decision making. KEA has met the Bylaw 3-1

(g) goal every year and the Board of Directors approves this plan and directs that it be

implemented in order to continue this record of success.

1. The KEA Board of Directors shall annually review this plan, revise as needed, and

submit it to the NEA before December 1.

2. The KEA President and Executive Director shall be responsible for the

implementation of the plan with the involvement of the Compliance/Constitution

Committee.

3. The Compliance/Constitution Committee shall annually review the ethnic make-

up of the Board of Directors to confirm that there is at least proportional ethnic-

minority membership.

4. The Compliance/Constitution Committee shall also annually review the ethnic

make-up of the Standing Committees to confirm that there is at least one ethnic-

minority member on each committee. “When this proportion has not been met

through elections, appointment for two-year terms shall be made by the President

with the approval of the Board of Directors.” [Constitution Article IV, Section 4]

5. The Compliance/Constitution Committee shall annually submit to the Delegate

Assembly a report on compliance with minority goals. The report shall include

the number and percentage of ethnic-minority members on the Board of Directors

and the Standing Committees as well as the history of minority involvement on

the Board or Directors, Executive Committee, at the Delegate Assembly, and the

NEA Representative Assembly. [copy attached]

6. District presidents will make a count of the ethnic-minority delegates from their

district association in attendance at the annual Delegate Assembly and shall report

the number to KEA before the end of the Delegate Assembly. The

Compliance/Constitution Committee shall include this count in its annual report

on compliance with minority goals.

7. In December local presidents will be sent a copy of this plan as well as a list of the

ethnic-minority members in their local. An accompanying memo will urge local

presidents to seek out ethnic-minority members and encourage them to take an

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active role in their professional organization at all levels, appoint them to

committees, and encourage them to run for delegate positions to the KEA

Delegate Assembly and the NEA Representative Assembly.

8. Each year the KEA News will carry an article or column by the President or

Executive Director that encourages ethnic-minority members to identify their

ethnicity and to participate in Association programs as well as encouraging local

association leaders to emphasize the importance of ethnic-minority participation

in KEA and KEA’s commitment to achieving its goal under NEA Bylaw 3.2 (g).

(3/04)

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VIII - ELECTIONS

A. Campaign rules and regulations for elections conducted at the Delegate

Assembly

1. Definitions:

a. CCC shall mean the KEA Compliance/Constitution Committee.

b. Campaign expenses shall mean expenditures by a candidate for KEA

office or the candidate’s representative or agent that have the purpose or

effect of advancing the candidate’s campaign for election to KEA office,

and shall include, by way of illustration and without limitation: money

spent and other resources used to solicit voluntary contributions to the

candidate’s campaign; money spent for travel, meals, and lodging; money

spent for printed material; money spent for mailing and other forms of

distribution of printed material; money spent for electronic services and

products, including email and Web site development and/or maintenance;

money spent for buttons, pins, articles of clothing, candy, posters, banners,

signs, announcements, invitations, pens, candy, and fans; money spent for

operation of hospitality suites during the campaign period; and money

spent on entertainment. All campaign expenses are reportable, although

not all count against the spending limit.

c. Campaign materials shall mean any document, electronic transmission,

object, or other material that has the purpose or effect of promoting the

candidacy of an individual for a KEA office, and shall include, by way of

illustration and without limitation, billboards, newspaper advertisements,

audiotapes, videotapes, emails, brochures, position papers, buttons, pins,

articles of clothing, candy, and posters.

d. Campaign revenues shall mean financial contributions to a candidate for

KEA office or the candidate’s representative or agent, and goods and/or

services in-kind given or made available to the candidate or the

candidate’s representative or agent, by an individual or group of

individuals for the purpose, or having the effect, of promoting the

candidate’s campaign for election.

e. Candidate shall mean a person running for KEA statewide elected office,

unless otherwise indicated in this document.

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f. Ethnic-minority shall mean those persons designated as ethnic-minority

by statistics published by the United States Bureau of the Census,

including American Indian/Alaska Native, Asian, Native Hawaiian or

other Pacific Islander, Black, and Hispanic.

g. “In-kind” contributions shall mean contributions of goods, services or

other things of value, excluding cash.

h. Resources shall mean anything of value, including, by way of illustration

and without limitation, money, services, use of facilities or equipment, or

the like.

i. Statewide elected office shall mean KEA President, KEA Vice President,

KEA Ethnic-Minority Director at Large or NEA State Director.

j. Travel expenses shall mean mileage at the prevailing IRS rate or the

actual cost of fuel, food for the candidate, and any room expense incurred

for the candidate as a result of attending campaign events. Travel

expenses for the candidate do not count against the $2500 limit, but the

value of all travel expenses must be reported on the candidate disclosure

form.

2. Eligibility

a. All candidates for the office of President, Vice President, KEA Ethnic-

Minority Director at Large or NEA State Director shall be Active members

of the Association.

b. Eligibility for the position of NEA State Director is determined by NEA

policy. Candidates for NEA State Director must have been an Active

member of KEA and NEA for at least two years immediately preceding

the election.

c. Once elected, all executive officers shall maintain Active membership in

the Association.

3. Declaration of candidacy

a. The earliest date prospective candidates for any statewide elected position

may declare their intent to seek office is during the Delegate Assembly one

year prior to the Delegate Assembly at which they will stand for election.

Candidates who choose to declare early must do so in writing on the

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official form and must deliver the completed form to the Chair of the

Compliance/Constitution Committee or his/her designee prior to

adjournment of the third business session of the Delegate Assembly. The

names of persons who file with the CCC by the close of the third business

session will be announced by the Chair of the CCC at the fourth business

meeting of that same Delegate Assembly.

b. The latest date prospective candidates for any statewide elected position

may declare their intent to seek office is January 15 or the first business

day thereafter of the year in which the election will occur. Candidates

must timely submit the completed official declaration form to the Chair of

the Compliance/Constitution Committee or his/her designee in order to be

eligible to be nominated at the Delegate Assembly.

4. Acknowledgement of election rules

a. The chairperson of the Compliance/Constitution Committee shall be

responsible for delivering a copy of these rules and regulations along with

a copy of the required financial report form and notice of the deadline for

submission of the financial report to each candidate as soon as possible

after the announcement of his or her candidacy. The chairperson shall

notify each candidate that he or she may have one observer at the counting

of the ballots. The observer shall not be the candidate.

b. All candidates who declare their intent to run for statewide office must

meet with the Chair of the Compliance/Constitution Committee or his/her

designee at a time and place to be determined by the Chair. The purpose

of the meeting shall be to inform candidates of these election rules and to

obtain written acknowledgement thereof.

c. Candidates who announce at the Delegate Assembly must meet with the

Chair or his/her designee prior to the commencement of the fourth

business session of the Delegate Assembly, at a time and place to be

determined by the Chair. Candidates who declare at other times must

meet with the Chair of the CCC or his/her designee at a time and place to

be determined by the Chair.

d. No candidate for office can begin campaigning until he or she meets with

the Chair of the CCC or his/her designee and acknowledges receipt of the

election rules.

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5. Timeline for campaigning

a. No candidate for office can begin campaigning until he or she meets

with the Chair of the CCC or his/her designee and acknowledges

receipt of the election rules.

b. The earliest any declared candidate can begin campaigning is upon final

adjournment of the Delegate Assembly the year before he or she will stand

for election. Campaign material shall not be distributed nor any printed

material placed within 50 feet of the Delegate Assembly meeting room or

voting areas.

c. Candidates are responsible to remove all campaign material from the

convention site and dispose of it properly within 90 minutes of the official

adjournment of the Delegate Assembly. In the event KEA incurs any

additional expense for removal of campaign materials, the amount will be

billed to the candidate and must be reported as a chargeable campaign

expense.

6. Campaign Material

a. All campaign material shall be properly identified as to source and

sponsorship.

b. The KEA logo (or any variation thereof) may not be used on any campaign

material.

b. Mailings shall be limited to three:

(1) Biographical sketch with picture, including professional activities

and not to exceed two pages;

(2) Position paper on current issues;

(3) Candidate's choice.

c. Campaign material shall not be distributed nor any posters placed within

50 feet of the Delegate Assembly meeting room or voting areas.

d. Election rules will not be any more stringent than rules established for

general elections of the Commonwealth in requiring the removal of visible

print materials bearing candidates' names upon voting.

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e. No campaign materials may be distributed, posted, or displayed within the

Delegate Assembly meeting room or where they are visible from the

Delegate Assembly meeting room, provided that this prohibition shall not

apply to the wearing of T-shirts, hats, pins, buttons, and the like.

f. Items of clothing, buttons, pins, etc. bearing the name or image of any

candidate for office must be covered or removed before entering the voting

area.

7. Campaigning at NEA, KEA or local affiliate functions other than the

Delegate Assembly

a. Candidates planning to campaign at any event sponsored by KEA must

contact the event coordinator in advance to indicate their intention to

attend.

b. Campaign activities at any NEA, KEA or local function (meeting,

conference, social event, and so forth) must be incidental to the function

and must not intrude on the planned program. Campaigning may take

place before or after the function and between sessions (for example, at

meal breaks). For example, a candidate’s campaign workers may place

materials at the places of participants or observers before the opening of

the meeting or may distribute material at the entrance of the meeting room.

A campaign worker may not distribute campaign material once the

meeting has begun or announce a campaign-related activity from the

podium while the meeting is in session.

c. KEA district or local governance may invite candidates to make an official

appearance at any pre-delegate caucus or other association event to

campaign on their own behalf during the time allowed. However, district

or local governance must invite all candidates to appear at the same event

and must offer equal time and opportunity to all candidates who choose to

appear. A candidate may choose to send a designee to any event to act on

his or her behalf.

8. Campaigning by Association Officials

a. Campaigning by KEA elected or appointed officials when on assignment

for KEA or a local affiliate and traveling at KEA or local affiliate expense

must be incidental to the assignment and must not interfere with the

performance of official duties. For example, a KEA official who is a

candidate for office and is assigned to represent the Association at a

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meeting is permitted to meet with supporters or campaign committee

members during off-duty hours. All expenses incurred in connection with

the campaign meeting are reportable campaign expenses and are not

chargeable to KEA or the local affiliate.

b. A candidate traveling at NEA, KEA or local affiliate expense on official

business may use his or her hotel room for campaign purposes (e.g., a

meeting of the campaign committee or a social event) provided he or she

reimburses KEA or the affiliate, as appropriate, on a pro-rata basis for the

time the room was used for such purposes. The amount of the

reimbursement is computed as follows: The daily rate for the room is

divided by 24 to determine an hourly rate. That hourly rate is then

multiplied by the number of hours the candidate’s room was used for

campaign purposes. The total amount should be remitted to NEA, KEA or

the local affiliate, as appropriate, or deducted from the candidate’s expense

voucher before it is submitted for reimbursement.

c. The cash value of room expense attributed to campaign activity under (a)

or (b) is reportable and will count against the $2500 limit.

9. Campaigning at the Delegate Assembly in the year during which the

election will occur

a. The Compliance/Constitution Committee will conduct a briefing for

candidates and their campaign managers, if any, before the first business

meeting of the Delegate Assembly. The time and place of the briefing will

be determined by the committee. Candidates who timely filed official

declaration forms will be notified about the time and place of the briefing.

b. Campaign activities at the convention site may begin with the opening of

delegate registration and must cease during the business meetings of the

Delegate Assembly.

c. Campaign material shall not be distributed nor any print material posted

within 50 feet of the Delegate Assembly meeting room or voting areas.

d. Candidates, upon the invitation of the chairperson of a local delegation,

may appear at a meeting of that local delegation at the convention site,

provided that such meetings may not occur on the convention floor during

any business session. A candidate may choose to send a designee to any

event to act on his or her behalf.

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e. Candidates must adhere to the rules of the convention site regarding the

distribution of materials and the display of posters. Pertinent convention

site rules and information regarding the number, dimensions, and display

of posters will be provided to candidates after January 1 of the election

year, or as soon thereafter as available.

f. Candidates are responsible to remove all campaign material from the

convention site and dispose of it properly within 90 minutes of the official

adjournment of the Delegate Assembly. In the event KEA incurs any

additional expense for removal of campaign materials, the amount will be

billed to the candidate and must be reported as a chargeable campaign

expense.

VI. Finances

a. A limit of $2,500 for all expenses, excluding travel expenses, shall be

adhered to by all candidates for statewide elected office.

b. “Travel expenses” shall include mileage at the prevailing IRS rate or the

actual cost of fuel, food for the candidate, and any room expense incurred

by the candidate as a result of attending campaign events. Travel

expenses for the candidate do not count against the $2500 limit, but the

value of all travel expenses must be reported on the candidate disclosure

form.

c. A final report disclosing all revenue, in-kind contributions of services and

materials and all expenses, including travel expenses, shall be filed with

the chairperson of the Compliance/Constitution Committee or his/her

designee on the official form within fifteen (15) calendar days after the

Delegate Assembly adjourns. Only the official report form will be

accepted. Final reports shall be published as soon as possible in the KEA

News.

d. The cost of the room rental, if any, for any campaign event must be borne

by the candidate. All room rental fees are reportable expenses and are

chargeable against the $2500 expenditure limit. If a candidate rents

lodging and uses it for campaign activities, the portion of the room

expense attributable to the campaign activities must be calculated and

reported in compliance with Section 8(b), above.

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e. Reportable campaign expenditures include, but are not limited to, items

used to solicit voluntary contributions. The amount of money spent to

purchase any item(s) for auction, giveaway, or other activity by a

candidate for KEA office for the purpose of fundraising must be reported

as a campaign expense. The amount collected from such activities must

be reported as campaign revenue.

f. No candidate, or a candidate’s representatives or supporters, may use dues

money, goods, services, or anything of value given directly or indirectly by

KEA or its district or local affiliates or any other labor organization or

employer (including school districts, commercial firms, and businesses) to

promote any candidate for KEA office. Only voluntary contributions

received from individuals or groups of individuals may be used for that

purpose.

g. KEA staff and management are strictly prohibited from contributing

anything of value to any candidate for KEA elected office.

h. Candidates may accept cash donations from individuals or groups of

individuals. Cash donations received are reportable as campaign revenue

and cannot exceed a total of $2500. Donations that exceed the $2500

total cannot be accepted and must be returned to the donor.

i. Candidates may accept “in-kind” donations of goods or services from

individuals or groups of individuals. The actual or approximate value of

in-kind donations must be reported but does not count against the $2500

limit.

j. Costs paid by KEA for the one-time publication and distribution of

candidate information in the KEA News are offered to every candidate

equally. Therefore, they are not expenses incurred by the candidate and

need not be reported.

k. Candidates are responsible to pay the cost of producing an appropriate

number of flyers to include in the delegate packets, if they choose to do so,

and that cost is reportable and chargeable against the $2500 limit.

However, the cost of postage paid by KEA to distribute the delegate

packets is not an expense incurred by the candidate and need not be

reported.

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l. Failure to timely file the financial report will automatically disqualify any

candidate from holding the office that was being sought and to which the

reporting applied.

m. A challenge to any candidate's final financial report shall be made to the

chairperson of the Compliance/Constitution Committee, in writing and

signed by the complaining party, not later than twenty one (21) days after

the report is published in a KEA publication.

n. The Compliance/Constitution Committee shall rule on any challenge

within thirty (30) days after the challenge is made and shall issue a written

decision.

o. A successful challenge shall disqualify the candidate, and the candidate

who received the second highest number of votes shall fill the office.

p. Any decision of the Compliance/Constitution Committee may be appealed

to the KEA Board of Directors. Any appeal shall be heard at the next

regular meeting of the KEA Board.

VII. Nominations and positions on the ballot

a. The President of KEA shall at the nominating session read the names of

those eligible candidates who notified the Compliance/Constitution

Committee in writing by the constitutional deadline of their intent to be

nominated for office. The Chair of the CCC or his/her designee shall draw

for ballot order. Candidates may be present to observe that process or may

send a designee to do so. The candidates’ acceptance speeches shall be in

ballot order with nominating speeches in reverse order.

VIII. Services provided to declared candidates

a. After January 15 of the year in which the election will be held, each

candidate will be provided one set of address labels to local association

presidents and KEA delegates.

b. KEA will publish a candidate statement or biographical material along

with a photo in the KEA News timed to reach delegates prior to the

Delegate Assembly. Candidates will be informed of the publication

deadline after January 15 of the year in which the election will be held.

c. Candidates will be provided the opportunity to include one 8.5 x 11 page

election flier in the KEA packet mailed to delegates. Candidates must

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bear the cost of reproducing an appropriate number of flyers and

delivering them to KEA by the submission deadline; the expense of

reproduction is reportable and chargeable against the $2500 limit.

Candidates will be informed of the submission deadline after January 15

of the year in which the election will be held. If a candidate submits an

election flyer for distribution by KEA to the delegates, it will count as one

of the three allowed mailings under Section 5(b) of these rules.

d. KEA will provide, at no cost to each candidate, a draped six or eight foot

table (depending upon availability on site) and two chairs to be located in

the Exhibit Hall of the Delegate Assembly. Any other items the candidate

may require at the convention site must be procured by the candidate at his

or her own expense and any items so procured are reportable and

chargeable against the $2500 limit.

IX. Voting, Tabulation and Reporting

a. The Compliance/Constitution Committee shall have charge of voting and

tabulation of votes after the polls have closed.

b. Votes shall be cast by secret ballot in a booth located in a convenient and

conspicuous place. Each voting area shall be separated from other voting

areas. Voting instructions shall be posted in each designated voting area.

c. Voting hours shall be indicated on the agenda. The regular election shall

commence 15 minutes after the recess of the second business session. The

times of run-off elections, if necessary, shall be announced by the

presiding officer.

d. In order to vote, delegates may be required to submit picture identification.

e. Only one voter at a time shall be allowed in the voting booth, and no

campaigning for candidates shall be allowed in the vicinity of the voting

booths.

f. No ballots shall be tabulated until the balloting is officially declared

closed.

g. Each candidate may designate an election observer to monitor voting and

vote tabulation. The observer may not be the candidate. All designated

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observers shall be sequestered with the CCC until tabulation is complete

and the election results have been reported to the Delegate Assembly.

h. The Chair of the CCC or his/her designee shall be responsible to report

election results to the Delegate Assembly.

i. The Chair of the CCC may designate a member of the CCC to read new

business items during the time the CCC is sequestered. The designated

member of the CCC will leave the voting area immediately after voting

concludes and will not observe any tabulation.

i. Any voting irregularities identified by the CCC shall be brought to the

attention of the presiding officer before any election results are announced.

X. Complaints of violations

a. Any allegation that a candidate has violated any of these rules must be

made in writing to the Chair of the CCC within twenty-one (21) days of

the date the violation is alleged to have occurred. The complaint must be

signed by the person asserting the violation and must include current

contact information for the complainant. The complaint must contain facts

sufficient to notify the candidate and the CCC of the date, time, place and

nature of the violation and must specify which of these rules the candidate

is alleged to have violated.

b. The Compliance/Constitution Committee shall afford due process and

shall issue a written decision on the challenge within thirty (30) days of the

date it is received.

c. A successful challenge shall disqualify the candidate, and the candidate

who received the second highest number of votes shall fill the office.

d. Any decision of the Compliance/Constitution Committee may be appealed

to the KEA Board of Directors, which shall also afford due process. Any

appeal shall be heard at the next regular meeting of the KEA Board.

Entire Section (A) revised and adopted by KEA Board 02/18/2012

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B. Challenges of Elections of Members of the KEA Board of Directors and

Members of KEA Standing Committees.

It is the responsibility of the district education association to elect members to

serve on the KEA Board of Directors and standing committees in accordance with

the district constitution and bylaws which shall not be in conflict with the KEA

Constitution and Bylaws.

A member of the district education association who feels that the district election

has not been in accordance with the KEA Compliance/Constitution Committee

may issue a challenge of the election to the KEA Board of Directors in the

following manner:

1. A challenge shall be made within ten (10) working days after the election

has been certified by the district secretary.

2. The challenge which shall be in writing and shall state the exact section of

the KEA Constitution and Bylaws allegedly violated shall be presented to

the KEA President.

3. The challenge shall be signed by the candidate or a member. A copy of

the challenge shall be presented to the district president.

4. Within fifteen (15) working days of receiving the challenge, the KEA

President shall call a meeting of the KEA Executive Committee for the

purpose of hearing the challenge.

5. The Executive Committee may call witnesses or take written signed

statements from both parties to the question.

6. The Executive Committee shall guarantee that all parties to the challenge

will be given equal opportunity to present their case.

7. The Executive Committee shall make a decision and inform all parties.

8. If any party is not satisfied with the decision of the Executive Committee,

he or she may appeal the decision to the Board of Directors.

9. Notice of the appeal shall be presented to the KEA President in writing

within ten (10) working days of receipt of the notice from the Executive

Committee.

10. The appeal shall be presented at the next regularly scheduled meeting of

the KEA Board of Directors.

C. Elections And Appeals At The Local and District Level

1. Conduct of Elections at the Local and District Level

All local and district elections shall follow the criteria:

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a. Notice of Elections

Members eligible to vote must be given notice of the opportunity

to nominate candidates. The notice shall be provided in any

manner reasonably calculated to reach them in time and with

sufficient information regarding the nomination process to permit

them to nominate the candidates of their choice.

b. Open Nomination Procedure

(1) Open nomination procedure shall mean a procedure by which

every eligible member shall have the opportunity to nominate

any member who meets the qualifications for office, subject to

any limitations set forth in the local or district constitution and

bylaws and to any other reasonable restriction uniformly

imposed.

(2) The main principle to be observed is that every member

eligible to vote should have a reasonable opportunity to

make nominations. It would be appropriate to establish a

nominating committee provided that all members, through

a petition procedure or as individuals, remain eligible to

make nominations.

Any restriction that disqualifies more than a fraction of

eligible voters from nominating candidates would prima

facie appear unreasonable.

(3) The following requirements shall be observed in the

preparation of the ballot:

(a) The names of all nominees shall appear on the

ballot.

(b) The ballot shall not identify the source of any

nomination, indicate endorsing parties, or contain

any information that might be construed as

influencing voters.

(c) Provision shall be made for write-in votes.

c. Majority Vote

A majority vote of the valid ballots cast shall be necessary for

election. The computation of a majority shall be based on the total

number of valid ballots cast, not on the total number of votes cast.

A valid ballot shall be a ballot cast for no more than the maximum

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number of positions to be filled and cast in a manner that clearly

indicates the voter's choice. If a member leaves one or more of the

choices blank on a ballot containing more than one or more of the

offices to be filled, the blank spaces in no way affect the validity of

the vote(s) cast for one or more of the offices to be filled. A totally

blank ballot is not counted.

d. Secret Ballot

(1) All elections shall be held by secret ballot.

(2) Secret ballot means a voting procedure which cannot

disclose the identity of the voter on the marked ballot to the

individuals tallying the result of the voting.

(a) In an in-person election, whether the individual

votes on a slip of paper or on a voting machine, the

individual must be provided an area where the

ballot may be marked with reasonable secrecy.

(b) In a mail ballot, one permissible procedure is to

instruct the voter to place the marked ballot in an

unmarked envelope, which is then to be sealed and

inserted into a larger envelope which identifies the

voter with respect to eligibility to vote. Before

tabulation, the inner envelope must be separated

from the larger envelope identifying the sender.

(3) There should be some means of setting aside challenged

ballots until a decision regarding their validity is reached

without compromising the secret ballot requirement.

(4) When only one individual is nominated for a position, a

secret ballot election must nevertheless be conducted in

order to permit the opportunity for write-in candidates.

e. Voting for Each Individual Office

(1) Slate voting shall not be permitted. (This provision

prohibits block or unit voting in which a voter chooses two

or more candidates by means of placing only one mark on

the ballot.)

(2) The affiliate could require candidates to declare for specific

positions (position 1, position 2, etc.). The candidate who

achieves a majority of the valid ballots cast for each position

would be declared the winner.

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f. Candidate Observers

Each candidate must be permitted to have an observer at the polls

and at the counting of the ballots if an in-person vote and at the

preparation, mailing, and counting of ballots if a mail ballot.

g. Candidate Placement On Ballot

Names may be placed in an order in accordance with any procedure

which is not designed to give preferential treatment to any

candidate.

h. Run-off Elections

(1) Under Robert's Rules of Order, if any office remains

unfilled after the first ballot, the balloting should be

repeated as many times as necessary to obtain a majority

vote for a single candidate. In such event, the names of all

nominees who wish to remain on the ballot should be

placed on the run-off ballot.

(2) It should be noted that such a procedure may make it

difficult for one candidate to achieve a majority. Therefore,

the run-off ballot shall list those unsuccessful candidates

who, in descending order, received the highest number of

votes on the previous ballot, listing at least one more

candidate than the number of positions to be filled.

i. Other Voting Procedures

(1) The balloting procedure shall assure that each eligible voter

is given an opportunity to cast a ballot and that each voter

has cast only one ballot in a single election. The procedure

shall include a method of collecting and counting all ballots

in a timely manner.

(2) A person eligible to cast a vote may not do so by proxy.

(3) There shall be separate ballots for local positions and

district positions.

(4) Election results should be released immediately after ballot

tabulation has been completed.

2. Challenges Of Elections At The Local Level

Election challenges at the local level should be resolved by the local board

of directors. If no local board of directors exists, the challenge shall be

heard by the local executive committee or council.

3. Appeals Of Elections At The Local Level

A voting member of the local association who feels that the election has

not been in accordance with the election criteria (as printed above), and

41

has not been resolved at the local level, may issue an appeal to the district

board of directors in the following manner:

a. An appeal must be made within ten (10) working days after the

decision at the local level has been rendered.

b. The appeal which must be in writing and must state the exact

criteria allegedly violated shall be presented to the district

president.

c. The appeal must be signed by the candidate or a member. A copy

of the challenge shall be presented to the local president.

d. Within ten (10) working days of receiving the appeal, the district

president shall call a meeting of the board of directors for the

purpose of hearing the appeal.

e. The board of directors may call witnesses or take written signed

statements from both parties to the question.

f. The district board shall guarantee that all parties to the appeal will

be given equal opportunity to present their case.

g. The district board will make a decision and inform all parties.

h. If any party is not satisfied with the decision of the district board,

he or she may appeal the decision to the KEA Executive

Committee.

i. The appeal which must be in writing and must state the exact

criteria allegedly violated shall be presented to the KEA President.

j. The challenge shall be signed by the candidate or a member. A

copy of the challenge shall be presented to the district president.

k. Within fifteen (15) working days of receiving the challenge, the

KEA President shall call a meeting of the KEA Executive

Committee for the purpose of hearing the challenge.

l. The Executive Committee may call witnesses or take written

signed statements from both parties to the question.

m. The Executive Committee shall guarantee that all parties to the

challenge will be given equal opportunity to present their case.

n. The Executive Committee shall make a decision and inform all

parties.

o. If any party is not satisfied with the decision of the Executive

Committee, he or she may appeal the decision to the Board of

Directors.

p. Notice of the appeal shall be presented to the KEA President in

writing within ten (10) working days of receipt of the notice from

the Executive Committee.

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q. The appeal shall be presented at the next regularly scheduled

meeting of the KEA Board of Directors.

4. Challenges Of Elections At The District Level

Election challenges at the district level should be resolved by the district

board of directors.

5. Appeals Of Elections At The District Level

The appeal process for any elected district position shall be the same as

that for the KEA Board of Directors and standing committees.

6. Holding Of Office During a Challenge or Appeal

The person holding the office before the election shall remain in that

position until the challenge or appeal has been resolved.

7. Compliance

The KEA Board of Directors shall have the authority to direct the affiliate

to correct the violation by methods which may include, but not limited to,

holding another election, or changing election procedures to be in

compliance with KEA Board policy.

D. NEA Delegate Elections

KEA will use the NEA ScanTron ballot mailed at bulk rate, if within KEA

budget, for the election of KEA delegates to NEA. (10/99)

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IX - EDUCATION IN THE COMMONWEALTH

9.1 - General

a. KEA supports a full funding and full implementation of the Kentucky

Education Reform Act, except assessment centers. (2/94) Furthermore,

KEA supports increased compensation for teachers.

b. KEA supports the concept of, at a minimum, a Hold Harmless per pupil

funding clause in the SEEK formula.

c. KEA believes local affiliates and leadership must be involved as partners

in all discussions undertaken by their school board. NBI-16 (94)

9.2 - Assessment

a. KEA supports student assessment. Assessments should incorporate a variety

of developmentally appropriate assessment techniques that are bias-free,

reliable, valid, and appropriate. Assessments should only be used to evaluate

schools toward meeting state or national standards and/or goals with results

reported by school and not by classroom. (6/98)

b. The KEA Board believes it is imperative to have significant teacher

involvement in the development of assessment programs and calls for

adequate funding for staff training in the implementation of these programs.

(8/04)

c. The Delegate Assembly reaffirms the association’s strong opposition to using

student test scores to evaluate and/or hold accountable individual teachers.

(1997 Delegate Assembly)

KEA reaffirms its opposition to use of individual student assessment data in

the evaluation of teacher competency. (8/04)

d. The Delegate Assembly reaffirms the Association’s strong support of just

cause protection (i.e. tenure) for teachers and its position that eliminating

tenure is NOT an appropriate or logical means of assuring teacher

accountability. (1997 Delegate Assembly)

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e. School accountability should be redefined to be a more inclusive

accountability system that would include qualitative as well as quantitative

information. This new accountability system would:

1. Hold parents accountable for ensuring that their children attend school

ready to learn (providing adequate basic needs such as nutrition, safety, and

health care) and having taught them to value education;

2. Hold students accountable for their academic performance;

3. Assess adherence to high standards of professional practice among

educators;

4. Improve morale among educators;

5. Provide more comprehensive information about schools to the public;

6. Measure access and equity for student learning. (1997 Delegate Assembly)

f. KEA believes that quality writing and mathematics instruction should be an

essential element of every school’s curriculum and practice. Portfolios should

be voluntary instructional strategies under control of the classroom teacher.

(8/04)

g. Students with IEP’s with identifiable learning disabilities should be assessed

with appropriate evaluative instruments more closely aligned with the ability

of that student. (1997 Delegate Assembly)

h. The Delegate Assembly expresses no confidence on the KIRIS assessment

system. (1997 Delegate Assembly)

i. Standardized Tests: The Kentucky Education Association believes that

standardized tests should only be used to improve the quality of education and

instruction of students. Standardized tests are most useful when selected by

educational professionals closest to the classroom and integrated with

assessment information specific to local programs. KEA will advocate the

design and use of a variety of developmentally appropriate assessment

techniques that are bias-free, reliable, and valid. When a test is mandated at

the state or the national level, it should be only used to evaluate programs

toward meeting state or national standards and/or goals.

The Association opposes the use of standardized tests when:

1. Used as a criterion for the reduction or withholding of any educational

funding;

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2. They inappropriately compare students, teachers, programs, schools,

communities, and states;

3. Used as a single criterion for high-stakes decision making;

4. They do not match the developmental levels or language proficiency of the

student;

5. Student scores are used to evaluate teachers or to determine compensation

or employment status;

6.Programs are specifically designed to teach the test.

The administration of a standardized test includes the responsibility to educate

the stakeholders in the purpose of the test, the meaning of test results, and the

accurate interpretation of conclusions. (1998 Delegate Assembly)

9.3 - Accountability

a. KEA opposes sanctions. We support an extensive assistance plan for those

schools not performing as well as anticipated with an option for additional

schools to apply for assistance. This assistance will include the accessing of

additional personnel and/or money for professional development and other

educational needs. (11/96)

b. KEA believes that the concept of rewards as a motivator for improved

instruction is an inappropriate use of money. (11/96)

c. It is the position of KEA that rewards for school performance must never

become a substitute for salary increases. (2/94)

d. If rewards remain in the accountability system KEA supports the concept of

school faculties determining procedures for voting and distributing rewards.

(6/98)

e. Writing portfolios should be excluded from the accountability index. (8/04)

f. Under no circumstances shall student assessment data be incorporated in

individual staff evaluation. (3/95)

g. In order to foster student accountability, KEA urges that a copy of student test

scores be incorporated into student permanent records if scores are valid and

reliable. (1998 Delegate Assembly)

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h. If the new Assessment/Accountability system results in the labeling of levels

for school performance, the KEA Delegate Assembly urges the Kentucky

Board of Education to use less pejorative terms such as successful, improving,

and review. Furthermore, the new CATS assessment should be used only as a

trigger for a comprehensive review of school performance, with teachers

having significant input into the design of this review. (1998 Delegate

Assembly)

i. If high stakes accountability remains a part of assessment, the system must be

simplified, clarified, and inclusive of more data than previously provided.

(6/98)

j. KEA opposes the interim accountability regulation as it is proposed, for the

two-year interim accountability cycle. (1999 Delegate Assembly)

9.4 - Primary

a. KEA supports the voluntary inclusion of Kindergarten in the Primary

Program. Each school council will decide the manner and degree to which

entry level (K) students will be included in the Primary Program.

Furthermore, KEA opposes state mandated inclusion of Kindergarten in

the Primary Program.

KEA supports in concept allowing site-based councils the option to choose

the manner in which primary programs are implemented. (3/95)

b. KEA supports the position that no teacher who currently has a 1-8

certificate be required to take additional college course(s) to be eligible to

teach in any KERA Primary School.

c. KEA believes that teachers currently holding a 1-8 certification should be

provided the 24 hour in-service training in the ungraded primary and that

at the successful completion of a year teaching in the ungraded primary

that the statement, “Certified to teach in KERA’s Ungraded Primary,” be

added to their certificate.

9.5 - Professional Development

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a. KEA supports that any additional professional development hours required

for maintaining current certification be mandated to count for current

professional development credit or be paid for by the agencies requiring

the training. In addition, where subsequent professional development

hours are required, the time lines of implementation must be broad enough

to be worked into local professional development policies.

b. KEA supports the strengthening of the appropriate KRS statutes,

concerning SBDM, in establishing an appeals process which utilizes a

level beyond the local school board.

c. KEA supports the concept of five fewer student days (to 170) to be used

for professional development. Providing the opportunity for the demanded

re-tooling of teachers is necessary to the continued improvement of

instruction. KEA believes staff development should be teacher-initiated,

teacher-developed, and probably teacher-delivered.

9.6 - SBDM

a. SBDM Mission Statement. KEA believes that School Based Decision-

Making is a vital form of decision-making for professionalism and that

community involvement is a necessity for successful public schools. It is

the responsibility of each stake holder to make good faith efforts in the

implementation and process of SBDM and the involvement of community.

(10/99)

b. SBDM is a process of shared decision making at the school site in which

school staff, parents and the community work together for the

improvement of instruction for every student.

This shared decision making process should include but not be limited to

developing vision, clarifying values, initiating inquiry, analyzing data,

identifying problems, generating solutions, defining goals, formulating

policy, planning directions, monitoring implementation and evaluating

results.

The intent of SBDM Law is :

to create the potential for change at a school site.

to allow council decisions in the areas of

personnel

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budget

curriculum

assignment of staff and students

school day

school space

extracurricular programs and rules

discipline

textbook selection (if any)

student support services

professional development

to allow through committees all interested parties

to become involved in school decision making

in the area(s) of their interest

Therefore we, the KEA BOARD, support the following concepts and

interpretations of the SBDM Law and where we are in disagreement with

an attorney general's opinion, or another organization's interpretation, we

are willing to take a case to court in order to establish a decision. KEA

does not believe that our role is to uphold attorney general opinions or

KDE program reviews or advisories, but rather that our role is to act in the

best interest of our members and to be an advocate for members being

decision makers in SBDM.

THE KEA BOARD BELIEVES THAT ...

PERSONNEL:

We believe that the SBDM Law gave power to councils regarding personnel

decisions.

We believe that councils may make personnel decisions according to how they define

consultation in their by-laws.

We believe that assignment of staff is the council's decision and this policy may allow

movement of staff within the building before any vacancy is advertised.

We believe that councils. through curriculum decisions. determine WHAT positions

exist at a school.

We believe that transfers are between schools.

We believe personnel evaluation should not be confused with nor combined with

discussions of teaching staff assignments.

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We believe that principals selected by SBDM Councils should serve a successful

probationary year as determined by the council. After a determination of success, the

superintendent would then complete the hiring process.

Yearly assessments by the council would be a part of the evaluation by the

superintendent.

We believe all vacancies must be posted for the required 30 days regardless of the

time of year for SBDM school positions and the need for waivers could only be

determined by the school council.

We believe in the event of a principal vacancy, only parent and teacher council

members can select a replacement.

PROFESSIONAL DEVELOPMENT:

We believe that it is the role of the professional development committee, through a

school needs assessment, to determine the needs of the staff and the best methods to

meet those needs. In making the arrangements, the SBDM Council, where possible,

will work in conjunction with other district schools and the district professional

development staff person.

We believe the 20% consortia funds should return to the schools for professional

development purposes. Wherever the money is housed, it should be clearly

understood the council has complete control.

We believe the staff consultants hired in the Regional

Service Centers should be accessible to any Kentucky teacher, class, or school and

that district personnel should be informed when RSC staff are in the district but

district staff should not be allowed to act as gatekeepers to RSC services.

BUDGET:

We believe the SBDM Law gives real power in budget and program.

We believe the state SEEK formula should meet the goals of KERA funding and

ensure an adequate education for all public school students.

We believe adequate funding should be provided for parent/teacher conference days,

instructional aides, preparation time for all staff, and art, music, physical education,

library services, special education, guidance, computer and other programs to meet

student needs as determined by the council.

We believe the local school boards are required to allocate an appropriation to each

school that is adequate to meet the school's needs related to instructional materials

and school-based student support services, as determined by the school council when

resources are available.

We believe the school budget committee should be in charge of school funds. There

should be no secret accounts. Councils should have a monthly report prepared by the

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central office and a monthly report of any bookkeeping done on site, which informs

them of income, expenditures and any encumbrances.

COUNCILS:

We believe council ratios should be strictly enforced.

We believe that the teacher ratio of 50% must be maintained. Teachers are held

accountable for scores which reflect council decisions.

We believe parent members of SBDM Councils should be allowed to be employees of

the school district but not employees at the site where they are members of the

Council.

We believe council members should represent their respective constituent groups

and should meet with these

representative groups at least monthly.

We believe council members, faculty and parents should receive 3 hours of training

updates yearly and new council members up to 12 hours yearly.

We believe councils should use the committee process to develop policy.

OEA:

We believe there is a need for codifying a reporting form and a response form for

complaints to/from OEA.

We believe principals should be held strictly accountable for implementation of

council policy and by-laws.

We believe the Open Meetings Law should be enforced.

STUDENT REPORTING:

We believe school councils should determine school standards and the reporting

format for individual students.

We believe that reporting of school progress to the public should be the local board's

responsibility.

PRIMARY:

We believe inclusion of Kindergarten age students in the primary program should be

voluntary, with each school council deciding the manner and degree to which entry level

students are included in the primary program.

KDE MANAGEMENT TEAMS:

We believe that KDE management teams should not be allowed to violate the law

regarding SBDM and council authority in decision making.

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CONTRACT LANGUAGE:

Continue KEA’s support and full lobbying efforts for proposed legislation that brings

total clarity to the issue of bargained contracts authority over SBDM Council policy,

without limiting SBDM Councils where there are no bargained contracts.

Go on record in opposition to any introduced legislation that would weaken or in any

manner undermine negotiated contracts. (6/95)

c. KEA supports the development of local school board policies that provide

the necessary administrative support to school employees for the

maintenance of a positive school environment through SBDM.

d. KEA believes that all schools (see e. below) should act immediately to

implement SBDM and that the Association must actively promote and

assist with such action. All schools have the right to hold a vote, elect

council members, and initiate SBDM at any time and that such options

should not be limited by local boards of education. All school staff, not

just council members, should participate in SBDM training. All councils

have flexibility in spending the appropriated moneys as they determine

best for their school and its goals. All council members should reflect the

perspective of their constituent group. All councils should be actively

involved in filling and certified or classified position within their building.

All statutes related to SBDM must be vigorously monitored and enforced

by all appropriate agencies, including the local association. Parental

involvement is essential for the ultimate success of any school and the

immediate success of the SBDM process. All local boards of education

are statutorily obligated to provide adequate funding and non-instructional

time to school councils and no local board of education is statutorily

empowered to subjugate the SBDM process.

e. KEA encourages the improvement of instruction through the SBDM

process. All councils to adopt written by-laws and local boards of

education to regularly review their respective policies on SBDM. All

councils to observe the open meetings law and a sound exchange of

information from both the Kentucky Department of Education and the

Office of Education Accountability to each member of a local school

council.

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X - CONFERENCES

10.1 Establishment of KEA conferences may be done through the budget process or by

the KEA Board of Directors.

10.2 The KEA President shall appoint KEA representatives to NEA conferences based

on the recommendations of appropriate KEA committees, the Board of Directors,

caucuses, districts, and locals.

10.3 The KEA President shall make appointments necessary to insure that state

representation at NEA Conferences in the course of the association year shall

include at least 20% minority representation.

10.4 Those representing KEA at any conference shall agree to submit reports to the

KEA Board as to how information from the conference can be distributed to and

used by the state, district, and local associations (see Attachment 3).

10.5 In addition to written reports, those representing KEA at conferences may be

asked by the KEA President to make oral presentations to the KEA Board, to

district education associations, and at KEA conferences.

10.6 Non-members will be charged a fee of $50 for conferences and $35 for KEA

offered professional development seminars. Membership forms will be provided

at the registration desk. (1/2001)

10.7 Registration fees for all KEA sponsored leadership development or program-

related training conferences will be waived for members of the KEA Student

Program.

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KEA CONFERENCE SUMMARY FORM

Participant's Name Conference Title Official Capacity

Host Organization Place Date

Purpose of the meeting:

1. Sessions attended:

2. Description of two (2) sessions most beneficial:

3. Additional comments:

4. Worthwhile speakers potentially useful at KEA:

5. Group most likely to benefit from session:

[ ] local association [ ] individual faculties

[ ] district association [ ] governance

6. How?

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7. Could this training be useful to KEA in:

[ ] legislation [ ] public relations

[ ] bargaining [ ] IPD

[ ] political action [ ] human relations

8. How?

XI - LOCAL CRISIS ASSISTANCE

KEA CRISIS FUND: Guidelines for Financial Assistance

1. For funding from KEA’s Crisis Fund, the crisis is defined as a local association’s

determination to withhold professional services.

2. The maximum of funding per local is $5,000.00.

3. The appropriate UniServ Director must be informed and involved in all phases

leading up to the crisis situation.

4. The local must have met with the KEA Executive Director and/or designee for

assessment of the situation in the local.

5. The check for the recommended funding shall be payable to the UniServ Director

involved.

a. The UniServ Director opens a local checking account for distribution of

the funds.

b. All requests for payment from these funds shall be approved by the local

president or designee and the UniServ Director.

c. All payments from these funds must have invoices or receipts submitted.

These invoices or receipts will be filed by the UniServ Director for final

accounting.

55

6. Upon finalization of the crisis situation, the UniServ Director shall make a full

accounting to the KEA Finance Office, including all receipts, invoices, etc. If

appropriate, return to KEA any unused funds, closing out the local checking

account.

7. Any exceptions to these guidelines must be approved by the Executive Director or

designee.

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CRISIS FUND

Request Form

TO: KEA Executive Director and KEA President

401 Capitol Avenue 401 Capitol Avenue

Frankfort, KY 40601 Frankfort, KY 40601

The (Local Association)

requests $ from the KEA Crisis Fund. The purpose of this

request us to provide funds to support the local’s determination to withhold

professional services. We have reviewed the KEA Crisis Fund Guidelines

and agree to comply.

Local Association President UniServ Director Serving the Local

Date: Date:

KEA Approval:

Executive Director or Designee

Date:

cc: KEA Vice President and Budget Committee Chairperson

Crisis Fund Coordinator

Finance Office (of approved form)

57

58

XII - ORGANIZATIONAL RELATIONSHIPS

A. Use of KEA Mailing List

The KEA membership list can be made available to candidates for public office,

individuals or groups other than the candidates under the following conditions:

a. The material being mailed shall be approved by the KEA Executive

Director or his designee.

b. The material shall state the mailer's position on education in a positive

way, shall not contain derogatory statements about a candidates

opponent, and shall not contain, by statement or innuendo, a

representation that KEA endorses the position.

c. The mailing list shall not be given out, but material shall be mailed for

the individual or group.

d. The cost of mailing, plus $25 per thousand for the names, shall be

charged.

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B. KEA/KEPAC

KEPAC AGREEMENT

60

2. PAC Contributions

a. Wherever allowed, KEA shall add KEPAC contributions to the

billing records of all members who pay dues through APA. NEA-

PAC contributions may also be deducted upon the authorization of

the member. Those members who do not make KEPAC

contributions through APA, example KEA-R, and those whose

districts refuse APA, shall be sent appropriately identified

reminders annually that their contributions are due. (4/98)

b. Members shall be made aware of the procedure for removing KEPAC

and NEA-PAC contributions from their billing records. KEPAC shall

refund any KEPAC and NEA-PAC contributions that members may

have made through APA during the current membership upon the

written request of the member.

3. Political Mission Statement

KEA, through its political arm KEPAC, has one political goal: to help

elect qualified candidates to Kentucky's Constitutional and State

Legislative offices, regardless of political affiliation, who demonstrate not

only with words, but with their leadership and votes, support of public

education. (9/99)

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C. KEA/JCTA

1. Agreement

JCTA AGREEMENT PAGE 1

62

JCTA PAGE 2

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D. KEA/PNC BANK, KENTUCKY, INC.

1. Agreement

TRUST AGREEMENT PAGE ONE

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TRUST AGREEMENT PAGE TWO

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TRUST AGREEMENT PAGE THREE

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XIII - LEGAL SERVICES

The KEA Unified Legal Services Program (ULSP) is established for the purpose of

protecting and enforcing the legal rights of KEA members as outlined by the appropriate

Goals and Objectives of the Association.

It is the intent of the KEA Board of Directors that the ULSP shall meet the minimum

standards of and comply with the requirements of the "National Education Association

DuShane Unified Legal Services Program" as set forth in the Legal Services Contract

entered into between KEA and NEA. The standards and requirements of that contract

shall be recognized as minimum standards and requirements, and KEA may from time to

time, by action of the appropriate elected governance body, support legal action outside

the scope of that contract or outside the

scope of this policy.

13.1 Eligibility

a. Legal assistance under the program shall only be provided to members of KEA.

This provision is construed to require membership in KEA before the basis for

the request arose and before the requesting party became aware of the problem.

An applicant for legal assistance shall maintain Active membership in the local

association, KEA, and NEA while Association-supported legal actions are

pending unless the KEA Board of Directors or the Executive Legal Assistance

Committee votes to waive maintenance of KEA membership because of

unemployment or other extenuating circumstances. Individuals who have had

their KEA dues waived, due to unemployment while they are receiving legal

assistance shall pay an amount equal to unpaid dues from any recovery amount

obtained for the person above the amount of their documented out-of-pocket

losses. Individuals who are receiving disability retirement shall pay 60% of

their KEA dues while they are receiving legal representation. (12/97)

b. KEA shall not finance legal assistance for persons who are not members except

those who shall be represented by a local affiliate of KEA under a duty of fair

representation in the collective bargaining agreement between the local affiliate

and the employing board.

c. Legal assistance may also be provided to a group of members or to associations

affiliated with KEA. It is recognized that legal action on behalf of a group of

members or an association might also benefit non-members (e.g., a class action

for gender discrimination); such incidental benefit to non-members shall not, of

itself, be a basis for denying assistance.

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d. KEA shall not discriminate against applicants for legal services on the basis of

race, color, national origin, creed, gender, sexual orientation, age, handicap,

marital status, economic status, or political affiliation.

e. Members seeking legal assistance from KEA shall agree:

1. To reimburse KEA for money it has expended or become obligated to

expend in the case out of any recovery, whether by award, judgment,

settlement, or insurance payment, which exceeds the member's out-of-

pocket expense (out-of-pocket expense includes back pay). While KEA has

occasionally obtained large settlements or awards for members, that is not

the purpose of the ULSP and reimbursement to KEA of the cost of litigation

or negotiation is required of the member when recovery for the member is

greater than his/her out-of-pocket loss. KEA shall, in any event, be

reimbursed for amounts recovered which have been specifically designated

as attorneys' fees or court costs. (12/98)

2. To be represented by an attorney or attorneys designated by KEA. It is to be

understood that the member shall not be eligible for legal assistance under

this program if an attorney is retained without the knowledge or consent of

KEA – even if the attorney is named on the list of participating attorneys.

3. To furnish a written statement to the KEA Director of Legal Services from

any attorney previously consulted on the issue in question, advising that he

or she does not represent the member and that there is no attorney/client

relationship.

4. To allow discussion of his/her case with appropriate KEA staff in the

development of his/her case. (12/98)

5. That KEA has the sole right to decide whether or not it shall finance an

appeal from any adverse decision; and, if KEA decides not to finance an

appeal, the member has a right to appeal the decision at his or her own

expense. (See Section 12.5 h.)

6. To cooperate with attorneys retained to represent them and, on reasonable

request, to attend meetings, hearings, and trials, to assist in identifying and

obtaining witnesses, evidence, and verifying facts of the case. Decisions

regarding the forum for a case will be that of the attorney practicing the case

in consultation with the client and the Director of Legal Assistance. (3/02)

7. To accept reasonable settlement proposal or other reasonable disposition of

the case as advised by the assigned attorney. (12/98)

8. To submit the request for legal assistance on a form prepared by KEA,

which sets forth the essential elements of this program. The form shall be

presented to a KEA District UniServ Director or, if so directed, to the office

of the KEA Director of Legal Services at 401 Capitol Avenue, Frankfort,

Kentucky 40601. (12/98)

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9. When the legal assistance requested is the use of a mediator to settle a

conflict between or among KEA members, each member involved must

agree to enter into the process in an effort to reach a solution. No member

participating in mediation between or among members will be represented

by an attorney. Participation in this mediation process does not prohibit a

member from taking legal action if the mediation is not satisfactory, but the

Association will not provide representation in disputes between members.

(1/02)

10. To keep KEA apprised of changes in address or employment status. (12/98)

13.2 Coverage

a. This policy is intended to protect the employment rights and privileges of

members in instances involving adverse job actions. Legal assistance may be

provided in individual cases which arise out of the member's employment as an

employee of a school district, college or university, or other educational

institution. Assistance to affiliates may be provided to protect the affiliate's

rights and privileges as a negotiating representative or as representative of a

group or class of members. This policy may also provide protection in disputes

arising out of statewide legislative or executive action that might limit members'

benefits or diminish revenues for education.

"Legal services" shall mean services rendered by:

1. an attorney who is licensed to practice law, a paralegal, or a law clerk in

preparing for or in the course of, a grievance arbitration, an impasse

resolutions procedure, or an administrative or court proceeding in

connection with an employment-related matter;

2. an attorney who is licensed to practice law in training state or local affiliate

staff or Unified Members to provide services in connection with an

employment-related matter;

3. an arbitrator, hearing officer, or other third-party neutral in a grievance

arbitration or administrative proceeding in connection with an employment-

related matter involving dismissal, non-renewal, or layoff; and

4. a mediator or other third-party neutral when alternative dispute resolution is

used in connection with an employment-related matter between employer

and employee, or an employment-related dispute between or among Unified

Members. (12/2000)

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b. Defense of employment related criminal charges against a member that are

not covered by the Educators Employment Liability Policy or other

insurance is limited to $5000. Representation in Social Services

proceedings is limited to $8000; NEA reimbursement stops at one half of

$5000. (3/02)

c. KEA may approve legal assistance to its members and affiliates when it is

determined that:

1. The standards set forth in 2a. (above) have been met;

2. There is a likelihood that the member or affiliate shall be granted the

relief sought;

3. The procedures and standards described in this policy have been

met.

13.3 Exclusions

a. KEA shall not approve and provide legal assistance or continue to provide

legal assistance in an approved case when:

1. The case involves support of a position contrary to the goals or

policies of KEA;

2. Financing the case would result in support of both sides of an issue;

3. Financing the case would nullify or weaken a position taken or

favorable decision gained in another case or cases approved under

the ULSP or approved by action of the KEA;

4. Financing the case would nullify an agreement that has been

negotiated by a KEA affiliate.

b. The following types of cases are excluded from coverage under the Unified

Legal Services Program:

1. Workers' Compensation; however, KEA will finance representation

in a Workers’ Compensation matter with the understanding that the

award for attorney fees set by the administrative hearing officer will

be reimbursed to KEA. (3/02)

2. Matters in which the applicant for legal assistance is being

challenged by one or more rank and file employees or an affiliate as

a result of an action taken by the applicant as a management

representative; this provision impacts administrative members

because KEA only represents the supervised person in a conflict.

(12/98)

3. Actions where the sole complaint involves criminal prosecution of

another person. (In those cases, the County Attorney or

Commonwealth Attorney have the duty to prosecute criminal actions

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– an attorney privately retained by KEA for a member cannot

prosecute a criminal action without leave of the court.) However, in

special cases, where it appears the interests of a member or affiliate

cannot otherwise be protected, KEA may approve legal assistance to

seek appointment of a special prosecutor or to assist the prosecutor;

4. Legal action by one member against another member where neither

of them is in a management position and neither of them has acted

on behalf of management;

5. Legal matters covered by the Educators Employment Liability

Insurance Policy that is furnished to all KEA-NEA members.

c. The KEA Board of Directors may refuse legal assistance if legal action has

been taken on behalf of the member by an attorney, another person, an

organization, or the member without prior knowledge and approval of KEA;

such knowledge and approval shall be documented. The member shall

advise KEA if legal assistance has been sought or granted by any other

person or organization. (See 12.1, e, 2-3)

13.4 Appeal From Denial Of Legal Assistance

KEA may deny legal assistance or discontinue support of an approved case for reasons

stated in Sections 1 and 2 of this policy.

a. The Executive Legal Assistance Committee, composed of the President,

Executive Director, and the KEA Director of Legal Services, shall have

authority to approve or deny requests for legal assistance and retain counsel

on behalf of the member or direct KEA Director of Legal Services to

represent the member. A report of activities shall be given to the KEA

Board of Directors.

b. The Director of Legal Assistance will send written notice of

recommendation for denial to the member by certified mail within sixty (60)

days of receipt of the request unless the Director has been in communication

with the member or UniServ Director seeking more information, in which

case a decision will be made within two (2) weeks of the receipt of that

information. The notice will include reasons for the denial and a statement

of the steps the member may take to appeal at that stage. (12/98)

c. A KEA Board of Directors' Committee on Legal Assistance shall receive all

requests denied by the Executive Legal Assistance Committee for automatic

review.

d. When a member wants to appeal a denial of legal assistance or the

discontinuance of previously approved representation, the member must put

the request for appeal in writing including the basis for the appeal. If there

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is a denial of legal assistance the member will be sent such notice by the

Director of Legal Assistance. If there is a decision to discontinue legal

assistance after initial approval, the member will receive notice from the

assigned attorney after that attorney has consulted with the Director of Legal

Assistance. The request to appeal must be postmarked within ten days of

the member’s receipt of notice of denial or discontinuation of

representation. The written request will be reviewed by the Executive Legal

Assistance Committee. That committee may request the member appear

before them and will reverse the initial decision or take a recommendation

for continued denial or discontinuation to the KEA Board Legal Assistance

Committee. If the member is requested to appear before the Executive

Legal Assistance Committee and fails to appear without giving prior notice,

the member waives the right to appeal. The member will receive written

notice of the decision and, if continued denial or discontinuation is decided,

notice of the next step of the appeal procedure. (9/02)

e. A KEA Board of Directors' Committee on Legal Assistance shall report to

the KEA Board all requests denied or discontinued by the Executive Legal

Assistance Committee. All cases shall be identified by the nature of the

issue and local school district. Names of individuals shall not be included.

(3/02)

f. Within ten days of receiving notice from the Executive Legal Assistance

Committee, the member may postmark a request to appear before the KEA

Board Legal Assistance Committee which will reverse the denial or

discontinuation or take a recommendation for continued denial or

discontinuation to the KEA Board of Directors. If the member is requested

to appear before the KEA Board Legal Assistance Committee and fails to

appear without giving prior notice, the member waives the right to appeal.

(9/02)

g. Within three working days, the member will receive written notice of the

Board Committee’s decision and Board’s action and notice of the member’s

opportunity to appeal to the full KEA Board unless the opportunity is

provided and taken in a KEA Board meeting directly following the hearing

before the committee. If the member is requested to appear before the KEA

Board Legal Assistance Committee and fails to appear without giving prior

notice, the member waives the right to appeal. (9/02)

h. When a member appeals a decision to the KEA Board of Directors, the

following procedure shall be followed:

1. The chair of the Board's Legal Assistance Committee or his/her

designee shall read the statement of denial or discontinuation to the

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Board enumerating the policy provisions for the denial or

discontinuation.

2. The member may request to present his/her appeal in closed session.

3. The member shall be given ten minutes to present reasons s/he

believes the denial or discontinuation of legal assistance should be

overturned.

4. The Board will have an opportunity to ask questions of the member

or KEA staff or attorneys. The decision to appeal to the KEA Board

shall serve as a waiver on the part of the member of confidentiality

on issues before the Board as part of the appeal.

5. At the conclusion of the Board's questions the Board shall go into

executive session for any discussion. The Board may call anyone

into their executive session whom the Board needs for their

deliberations. On return from executive session the Board shall vote

to reverse or confirm the denial or discontinuation of legal

assistance.

6. Within three days after the Board's decision the Director of Legal

Services will post written notice of the decision to the member by

certified mail. (3/02)

i. The KEA Board of Directors may consider certain requests for legal

assistance and may reject the action of the KEA Board Legal Assistance

Committee.

j. An applicant whose application for legal assistance is rejected by KEA may,

within ninety (90) calendar days of receiving written notice of denial by the

KEA Board, appeal to the NEA on the sole ground that KEA failed to

process his/her application in accordance with the provision of its legal

services program. Appeals should be forwarded to: National Education

Association, Office of Legal Services Program, 1201 Sixteenth Street, NW,

Washington, DC 20036. (12/2000)

k. All requests for legal assistance shall be reviewed and acted upon within

sixty (60) days from date of receipt by the KEA Director of Legal Services.

l. Nothing in the ULSP shall be construed to prohibit a member or group of

members from coming before the KEA Board of Directors to present or to

speak for or against a request for legal assistance.

m. From time to time, legal issues of special significance to the teaching

profession may arise. In such instances, the KEA Board may, if it chooses,

decide to take exception to any of the provisions of this program and to

finance legal action. However, if such exception is made, the Board shall,

by separate vote, declare the issue considered to be outside the scope of this

program.

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13.5 Administration

a.. The Executive Director shall be responsible for directing the activities of the

KEA Staff in dealing with requests for legal assistance in approved cases.

b. The Executive Director shall, upon recommendation of the KEA Director of

Legal Services, develop a list of attorneys and law firms throughout the state

to represent KEA members in approved cases; and may likewise make

changes in the list of approved attorneys from time to time.

c. Dealings with and assignment of retained attorneys in approved cases shall

be the responsibility of the KEA Director of Legal Services.

d. The day-to-day administration of this program, including all reports and

financial records for the NEA DuShane Unified Legal Services Program,

shall be the responsibility of the KEA Director of Legal Services.

e. The Executive Director shall forward to the KEA Board of Directors the

name of any member found guilty of abusing the rights of other educators

for referral to the Review Board for possible expulsion from the KEA.

f. Once $10,000 has been spent on a case outside the scope of this policy, a

report shall be given to the Executive Legal Assistance Committee which

shall present the report to the KEA Board. (3/02)

g. A report of expenditures for legal assistance/representation to members shall

be provided to the KEA Board at least quarterly. (3/02)

h. Decisions regarding appeal of a case shall be made by the Executive Legal

Assistance Committee upon recommendation of the KEA Director of Legal

Services. (3/02)

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XIV - Communications

14.1 All information mailed to local presidents shall be sent to the presidents and

secretaries of the districts.

14.2 Editorial Policy — KEA News

KEA News is the official publication of the Kentucky Education Association. As

such, it is the prime communications medium of the association.

KEA News takes its direction from, and is reflective of, the adopted policies of the

KEA Delegate Assembly and Board of Directors, and remains neutral toward

internal politics within the association.

KEA News provides the Kentucky Education Association with an editorial voice

that informs members and is an advocate on their behalf. The goals and

objectives of the Kentucky Education Association shall be the goals and

objectives of KEA News.

MISSION

As the official publication of the Kentucky Education Association, KEA News has

the following mission:

1. To inform KEA members about the activities of the Association

and to provide members with information about activities in other areas

having a bearing on education.

2. To stimulate interest and active support by association members

for the objectives of the association, and to create the "esprit de corps" and

understanding necessary to keep KEA a viable organization of members

seeking educational and social improvement.

CONTENT

a. General

The assistant director of programs for communications shall serve as

editor and shall produce and/or edit all material for KEA News.

The editor shall keep the executive director, the president, and the assistant

executive director for programs informed concerning the content.

b. Editorials

Editorials shall not be contrary to established policies of the Kentucky

Education Association. They shall be written only by officers of the

association, or designees, and/or members of the professional staff and

shall be subject to editing by the editor.

c. Letters to the Editor

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Letters to the editor in the KEA News shall be considered a platform of

expression for members who agree or disagree with association policies

and action or who wish to express opinions on other issues relevant to the

association or its members.

Letters to the editor from non-members shall be published at the editor's

discretion.

The editor shall select letters for publication that represent a balance of

opinion. Most letters shall be published in full or in part if they meet the

following requirements:

1. Length: 150 words. Longer letters may be condensed.

2. Signed: All letters shall be signed with name and place of

residence and membership verified. The editor may decide in

limited circumstances to withhold the name.

3. Content: Letters that are libelous or in bad taste shall be

withheld.

d. News/Feature Articles

KEA News shall accept contributed articles which, in the judgment of the

editor, fit the editorial policies of KEA News. All such articles shall be

edited by the editor and their accuracy and authenticity verified.

Publication of contributed articles shall be on a space available basis and

shall be at the discretion of the editor after consultation with the executive

director, president, and assistant executive director for programs.

e. Statements from Candidates for Association Offices

Publication of statements from candidates for association office shall

conform to policies of the association as included in adopted governance

documents.

f. Mailing Lists

The mailing lists for KEA News shall be the exclusive property of KEA.

The editor reserves the right to eliminate names of non-members from the

mailing list at any time, including paid subscribers. However, paid

subscribers shall be notified if this occurs.

g. Advertising

The editor reserves the right to accept or reject advertising. The policies

for this shall be stated on the published advertising rate card. Advertising

from political candidates shall contain the phrase, "Paid for by..."

h. Reporting Issues Awaiting Action by the Delegate Assembly

When new business items or other major policy matters shall be proposed

for consideration by the Delegate Assembly or KEA Board of Directors,

77

these items shall be reported fairly and accurately, with information on the

pros and cons of the proposal provided when such material is available.

When the Board of Directors has taken a position on such a matter

pending before the Delegate Assembly, this position shall be given

prominence.

14.3 Use of KEA letterhead shall be restricted to the offices of the President, Vice

President, Executive Director, staff in the headquarters and UniServ offices, and

others specifically authorized by the KEA Board.

14.4 Use of the KEA logo or "affiliated with KEA" on letterhead or other publications

shall be restricted to local and district education associations and other groups that

have the expressed permission of the KEA Board. Use of any wording, language,

or reproduction that leads one to believe that a group is affiliated with KEA is

prohibited. Alleged violations shall be reported in writing to the Executive

Director who shall investigate and make recommendations to the Board of

Directors.

14.5 Acceptable use policy for KEA Online Web Site.

a. Disclaimer of Liability

Although the Kentucky Education Association will make every reasonable

effort to provide useful, accurate, and reliable information available on its

web site(s), neither the KEA, its officers, directors, nor any of its

employees, will make any warranty, expressed or implied, regarding the

accuracy, completeness, or usefulness of any information, product, or

process identified or disclosed.

b. Views and Opinions

The objective of KEA will be to provide an online forum for affiliates,

members, and others regarding activities, issues, and information promoting

the association, public education, and effective teaching and learning. The

views and opinion of authors expressed on KEA Online do not necessarily

state nor reflect those of the Kentucky Education Association. KEA will

reserve the right to restrict, edit, or remove any online information it deems

to be offensive, harmful, inaccurate, deceptive, or in conflict with the

Association's goals, policies and procedures.

c. Privacy

The Kentucky Education Association desires to protect privacy. KEA will

not sell, trade, or rent personal online information to any individual,

company, or organization. (12/99)

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XV - Business Management

A. Handling of Funds

1. Bonding of Employees

All employees shall be adequately bonded. The bonding shall be reviewed

by the auditors.

2. Check Signature

Persons in the following positions are authorized to sign checks for KEA:

Executive Director, Assistant Executive Director for Programs and

Assistant Executive Director for Finance.

3. Deposit of Funds

a. The Farmers Bank and Capital Trust is designated as the

depository for the KEA funds.

b. All monies received shall be deposited as soon as practical.

4. Authorization to Borrow Money

a. Farmers Bank & Capital Trust resolution adopted November 10,

1990, identifies authorized persons to conduct business with the

bank

b. (motion on $350,000 line of credit)

c. Farmers Bank & Capital Trust resolution adopted August 8, 1992,

authorizes Mastercard/VISA accounts with the bank

5. Investment Policy

The Board of Directors of the Kentucky Education Association establishes

the following investment objectives, guidelines, and parameters to govern

the investments made by KEA.

Preamble

An Investment Committee shall be approved by the Board of Directors.

The functions of the committee will be to periodically review the

investment performance and at least annually review strategies and

policies. Committee meetings may be called as needed.

The Investment Committee shall receive reports from investment

managers at least monthly and upon change in investments. The Board

will receive monthly reports from the investment Committee. Any time

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investments exceed $500,000 that report shall include the aggregate totals

and investment types. If investments are below $500,000 updates will be

provided by the Executive Director.

The Executive Director and the Director for Finance shall be named as the

Association’s agents in the corporate account resolution dealing with

investments and investment managers. For the purposes of managing

investment risk and to optimize investment returns within acceptable risk

parameters, the funds held will be divided into three separate investment

pools. The process for determining the dollar amount in each pool is set

forth in the “Procedures” section of this document. The three investment

pools shall be called the “Operating Fund”, the Short-Term Investment

Fund” and the Long-Term Investment Fund.”

Procedures

1. The following procedures will be followed to ensure the

investment policy statement is consistent with the current mission

of KEA and accurately reflects the current financial condition:

a) This investment policy shall be reviewed annually by the

Executive Director and the Director for Finance for any

necessary revisions.

b) Recommendations for any revisions or modifications will

be made by the Executive Director and the Director for

Finance to the Investment Committee for approval.

2. The following procedures will be used to determine the dollar

amounts to be placed in Short-Term and the Long-Term

Investments. Dollars not specifically designated for the short-term

or long-term Investments will be restricted to investments

designated in the “Investment Guidelines” for the Operating Fund.

a) The Executive Director and the Director for Finance will

recommend the dollar amounts to be placed in the

Operating, Short-Term , and Long-Term investment

accounts.

b) The Investment Committee will have final approval of the

dollar amounts placed in specific funds.

3. It is anticipated from time to time the services of a licensed

and registered investment advisor may be sought to manage

portions of KEA funds. The following procedure shall be followed

to engage a new or replace a current investment advisor. The same

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procedure shall apply for both individually managed accounts and

mutual funds (with the exception of money market mutual funds).

a) The Executive Director and Director for Finance will

recommend the hiring or replacing of an investment

advisor.

b) The Executive Director and the Director of Finance will

review the candidate(s) and make a recommendation to the

Investment Committee, who shall make final

recommendation to the KEA Board of Directors.

OPERATING FUND

Investment Objectives

The primary objective is to obtain current income utilizing short-term

interest-bearing obligations of maturities of not more than one year

through investments in government obligations, government agencies,

certificates of deposit, and money market funds.

Liquidity

The Association shall maintain, insofar as possible, liquid deposit balances

of at least $500,000 in the primary depository accounts. Should the

combined liquid deposit balances stand below $500,000 for more than 3

business days, the Executive Director or designee shall notify the

President. The Board of Directors shall be informed as soon as possible of

any (potential) need for transfer of funds from the Investment Account.

A minimum of $350,000 is to be invested in an investment account that

will be available on a 24-hour notice.

In summary, the investment objectives of the Operating Fund are:

1. The preservation of capital;

2. Liquidity; and

3. To optimize the investment return within the constraints

of (1) and (2).

INVESTMENT GUIDELINES

Allowable Investments

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The Investment Committee shall be authorized to invest the KEA

Operating Fund as follows:

1. Federally-Insured Certificates of Deposit not to exceed

100,000 per institution excluding interest at commercial banks or

savings and loans institutions;

2. Money Market Funds that invest in exclusively government

backed securities;

3. Interest bearing checking accounts in federally insured banks

and savings and loans not to exceed federally insured amounts;

4. Direct Obligations of the U.S. Government, its Agencies and

instrumentalities;

5. Federal Agency Discount Notes; and

6. Repurchase agreements collateralized by the U.S. Government

obligations with institutions whose senior debt rating is rated

double A or better by Standard & Poor’s and/or Moody’s or where

physical delivery of the collateral is made to a third party

custodian.

No more than 10% of KEA’s portfolio shall be made in any one issuer,

exclusive of U.S. Treasuries and any money-market funds, at the time of

purchase.

Maturity

The maturities on investments for the Operating Fund shall be limited to

12 months or less.

Reporting

The Director for Finance shall prepare the following reports for

presentation on a quarterly basis to the Investment Committee, and on an

annual basis to the Board of Directors.

1. Schedule of investments.

2. Interest income year to date.

3. Current yields.

4. Current Market Value.

5. Transaction costs or commission.

Exclusions

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The following categories of securities are not permissible for investment

of the organization’s portfolio:

Common or preferred stock

Commodities, including gold or current futures

Private placements

Foreign corporation investments

SHORT-TERM INVESTMENT FUND

Investment Objectives

The primary objective is to obtain current income utilizing short-term

interest-bearing obligations of maturities of not more than one year

through investments in government obligations, government agencies,

certificates of deposit, and money market funds. Secondary consideration

shall be given for investments greater than one year and less than 3 years

in length. This secondary consideration may be in government bonds, for

the objective of current income and capital appreciation, with concern to

safety of principal. The maturity structure of the portfolio should be

staggered to provide for potential future liquidity needs as defined by cash

flow projections.

In summary, the investment objectives of the short-term investment fund

are:

1. Preservation of Capital;

2. Liquidity; and

3. To optimize the investment return within the constraints of (1.)

& (2.) above.

INVESTMENT GUIDELINES

Allowable Investments

The Director for Finance shall be authorized to invest the KEA Short-

Term Fund as follows:

1. Federally-Insured Certificates of Deposit not to exceed $100,000

excluding interest at commercial banks or savings and loans

institutions;

2. Money Market Funds that invest in government backed

securities;

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3. Direct Obligations of the U.S. Government, its Agencies and

instrumentalities;

4. Interest bearing checking accounts in federally insured banks

and savings and loans not to exceed federally insured amounts.

5. Mutual funds consisting primarily of a portfolio of adjustable

and floating rate mortgage securities which are collateralized by

mortgages guaranteed by the U.S. Government, its agencies or

instrumentalities.

Any registered investment advisor retained by KEA shall be authorized to

invest within a mutual fund or managed account, in addition to the

investments authorized in previous sections, as follows:

1. U.S. Government, State. Government and Municipal obligations

rated at least double A by Standard Poor’s and or Moody’s.

No more than 10% of the portfolio shall be made in any one issuer,

exclusive of U.S. Treasuries and any money-market funds, at the time of

purchase.

No more than 15% of funds should be held in overnight investments.

Maturity

The Short-Term Investment Fund shall have a weighted average maturity

of 2 years or less.

NOTE: In the case of securities whose coupon resets on a periodic basis,

the length of the reset period (or for mutual funds the average length of the

reset period) shall be used to determine compliance with this investment

policy maturity guidelines.

Diversification

Not more than 10% at cost of the Short-Term Investment Fund may be in

the securities of any one issuer with the exception of obligations of the

U.S. Government, its agencies and instrumentalities, repurchase

agreements collateralized by obligations of the U.S. Government, its

agencies and instrumentalities and federally insured certificates of deposit.

Reporting

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The Director for Finance shall prepare the following reports for

presentation on a quarterly basis to the Investment Committee, and on an

annual basis to the Board of Directors:

1. Schedule of investments.

2. Interest income year to date.

3. Current yield.

4. Current market value.

5. Transaction cost or commission.

6. Maturities.

Exclusions

The following categories of securities are not permissible for investment

of the organization’s portfolio:

Common or preferred stock

Commodities, including gold or current futures

Private placements

Foreign corporation investments

LONG TERM INVESTMENT FUND

Objectives

The objectives of the account should be pursued as a long-term goal

designed to maximize the returns without exposure to undue risk, as

defined herein. It is understood that fluctuating rates of return are

characteristic of the securities markets. The greatest concern should be

long-term appreciation of the assets and consistency of total portfolio

returns. Recognizing that short-term market fluctuations may cause

variations in the account performance, the expectations of the account will

be to achieve the following objectives over a three year moving time

period,

1. The account’s total expected return will exceed the increase in

the Consumer Price Index by 2-3% annually. On a quarter basis,

the actual returns will fluctuate and can be expected to exceed the

target about half the time.

2. The account’s total expected return will exceed the increase in

the Treasury Bill Index by a minimum of 3% annually. On a

quarter to quarter basis, the actual returns will fluctuate and can be

expected to exceed the target about half the time.

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Understanding that a long-term positive correlation exists between

performance volatility (risk) and expected returns in the securities markets,

we have established the following short-term objective.

The portfolio should be invested to minimize the likelihood of low

negative total returns, defined as a one year return worse than

negative 10%. It is anticipated that a loss greater than this will

occur no more than one out of twenty years.

Investment Guidelines

The investment policies and restrictions presented in this statement serve

as a framework to achieve the investment objectives at a level of risk

deemed acceptable. These policies and restrictions are designed to

minimize interfering with efforts to attain overall objectives, and to

minimize excluding any appropriate investment opportunities.

Prohibited Investments

The following investment and investment activities are prohibited:

1. Private Placements;

2. Letter stock;

3. Individual options contracts. However, to the extent that

mutual funds are used by KEA, the mutual funds may buy or sell

option contracts for the purposes of managing portfolio risk;

4. Securities whose issuers have filed a petition for bankruptcy;

5. Commodities or commodity contracts;

6. Short sales;

7. Margin transactions; and

8. Any speculative investment activities;

9. Securities of foreign corporations and governments;

10. Companies who are poorly managed with regard to labor

relations.

Diversification

Individual stocks are subject to a maximum 8% commitment at cost or

10% commitment of the account’s market value for an individual security

and 15% for a particular industry.

Individual bonds not guaranteed by the U.S. Government, its agencies or

instrumentalities are subject to a maximum 10% commitment at cost.

Target Asset Mix

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The long-term component of the Funds shall be comprised of the asset

classes listed in the table below. The target weight is the desired weight

for each asset class. The minimum weights and maximum weights are to

allow for normal market fluctuations. It shall be the responsibility of the

financial advisor to remain within the range specified for each asset class.

In addition, at least semi-annually, the financial advisor should re-balance

the portfolio according to the target weights.

ASSET CLASS Minimum Target Maximum

Weight Weight Weight

EQUITY

U.S. Large Capitalization Stocks 35% 45% 55%

U.S. Small Capitalization Stocks 0% 5% 10%

TOTAL EQUITY 50%

FIXED INCOME

U.S. Government/Corporate

Intermediate Bonds 35% 50% 65%

TOTAL FIXED INCOME 50%

Equities

The equity asset classes should be maintained at risk levels roughly

equivalent to the sectors of the market represented, with the objective of

exceeding a nationally recognized index measuring the performance of the

designated sector over a three year moving time period net of fees and

commissions. Mutual funds conforming to the policy guidelines may be

used to implement the investment program.

The following definitions shall apply for the purposes of this policy:

U.S. Large Capitalization Stocks:

Stocks of U.S. based companies with total market value

exceeding $1.0 billion and primary shares of which are

traded on a major U.S. exchange.

U.S. Small Capitalization Stocks:

Stocks of U.S. based companies with total market value

less than $1.0 billion.

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Fixed Income

Investments in fixed income securities will be managed actively to pursue

opportunities presented by changes in interest rates, credit ratings, and

maturity premiums. Mutual funds conforming to the policy guidelines

may be used to implement the investment program. The following

definitions shall apply for the purposes of this policy:

U.S. Government/Corporate Intermediate Bonds:

A portfolio of fixed income securities denominated in U.S.

dollars issued by the U.S. Government or U.S. corporations

having a weighted average maturity of less than 10 years.

Corporate Boards must be rated BBB or better.

Investment Guidelines

Small capitalization equities may represent up to 10% of the equity portion

of the portfolio.

Stocks of U.S. based companies with total market value exceeding $1.0

billion and primary share of which are traded on a major U.S. exchange

are eligible for this portfolio.

Investments may be made in individual equity securities, in equity mutual

funds, or in equity common trust funds.

Performance Reporting

The Long-Term Investment Fund will be evaluated quarterly on a total

return basis. Returns will be compared to:

1. Consumer Price Index plus 2-3%.

2. Ninety day Treasury Bill Index plus 3%.

3. Nationally recognized indices measuring the performance of

the classes specified in the target asset mix.

Comparisons will show results for the latest quarter, year to date and since

inception. The report will be prepared by the Director for Finance and will

be presented to the Investment Committee on a quarterly basis, and the

Board of Directors on an Annual basis.

Notification is to be made in writing to the KEA Director for Finance by

the investment advisor at PNC Bank if the market value of the portfolio

89

declines 12% or more from the value at the time of the most recent

meeting with the Investment Committee. (1/97)

6. Operating Reserve (Cash Flow) Fund

a. Two dollars and fifty cents $2.50 of each active member's dues

shall be allocated to a restricted fund within the KEA general fund

for the purpose of providing funds for the operation of KEA during

the period of time each year when little dues money is being

received. The amount owed to the cash flow fund as of August 31,

1993, will be waived and the KEA Board will be directed to

restrict these funds annually until such time as sufficient funds are

accumulated to operate without outside borrowing for this purpose.

b. Subject to KEA audit, $80,173.46 of the 1993-94 net worth shall

be restricted for the purpose of building a cash flow fund reserve.

(9/94)

7. Accounting Procedures

a. Blank checks shall be stored under lock and key.

b. Bank reconciliations shall be made by the Accountant/Supervisor

and periodically reviewed by the Assistant Executive Director for

Finance. Bank reconciliations shall be provided to the auditors for

their review.

c. Managers are authorized to expend budgeted monies in their area

of responsibility.

d. All vouchers for division personnel shall be approved, prior to

payment, by the appropriate manager. Further, the manager shall

specify the appropriate budget account to be charged.

e. All orders of supplies and materials in excess of $75.00 shall be

made through a purchase order system.

f. When supplies and materials are received, the manager or his/her

designee shall note on the invoice, date of receipt and check to see

if all items are included. The invoice is authorized by the

appropriate manager with indication of appropriate budget account

to be charged before forwarding to the Finance Division for

payment.

g. The KEA accounting shall be on an accrual basis.

B. Payment of Bills

90

1. The payment of bills will be made when due subject to any Constitution

and/or budgetary requirements. vouchers and/or invoices must have the

approval of the Executive Director or the appropriate KEA manager.

2. KEA will pay employees as called for in the staff contract.

C. Billing

1. Payment of dues by KEA members will include KEA, KEPAC, district,

local, NEA and NEA-PAC monies. Also paid will be any insurance

premiums as directed by the member.

2. Local school districts will be billed for unified dues by the Finance Office.

The Executive Director and the Board of Directors will be provided with a

list of any districts which have become delinquent. The Director of

Finance shall notify local association presidents in writing when their

school districts are thirty (30) days delinquent in remittance of dues. The

Board of Directors and UniServ offices shall receive at least quarterly

reports of all locals remiss in dues remittance. (3/96)

D. Association Liability Policy

KEA shall maintain association liability insurance coverage for KEA, all Districts

and locals of KEA as defined in the NEA Association Liability Policy.

E. Expenses

1. The KEA President and Vice President shall be reimbursed for expenses

incurred in carrying out the duties of the offices as called for in the

Program Budget and the guidelines below.

2. Funds shall be budgeted to allow the President or the Vice President to

attend the Education International Conference.

3. Officers, and board members shall be entitled to reimbursement for

expenses to meetings of the Board, the annual KEA convention, expenses

incurred when on official KEA business and other expenses approved by

the Board of Directors.

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Within provisions of the KEA-KEASO Collective Bargaining Agreement

and IRS requirements, the following guidelines shall apply to staff,

governance or members carrying out KEA business.

Guidelines for expenditures:

a. Lodging shall be reimbursed at reasonable, actual expense; a

receipt is required. No reimbursement shall be made for expense

incurred by or on behalf of other persons. For direct-billed lodging

charges, travelers must pay for any nights not authorized for

payment as well as any incidental charges incurred for movies, bar

tabs, etc., when checking out. On the voucher for direct-billed

hotel charges, write “Direct-billed” on the line where the hotel cost

would otherwise have been listed.

b. Meals shall be reimbursed at actual expense including tax and

gratuities. Receipts are required for all amounts $10.00 and higher.

c. Transportation costs shall be reimbursed at the amount allowed by

the IRS, or actual cost of travel by public conveyance. A receipt is

required for travel by public conveyance.

d. When a board member is on KEA business during school hours, a

substitute shall be paid if the local board of education or the local

or district education association shall not provide for a substitute.

e. All expenses shall be itemized on a daily basis with a specific

statement of the purposes for which the expense was incurred and

with required receipts attached. Original receipts are required for

all amounts of $10.00 or more.

f. Expense voucher(s) shall be submitted no later than 60 calendar

days after the expenses were incurred.

g. Should an individual fail to cancel any reservations placed by

KEA, the cost incurred shall be the responsibility of the individual.

h. Business air travel is reimbursable at coach, super-saver or other

economy fares. The traveler’s copy of the ticket (passenger

“coupon” or red copy) must be attached to the voucher submitted.

No photocopies. If the ticket is direct-billed to KEA, “Direct

billed” is written on the voucher where the air cost would have

been entered and the traveler’s copy is attached.

i. Airport parking for the period of the business trip is reimbursable

(as is taxi fare should one choose not to drive to the airport and

park, however taxi fare should not exceed the cost of driving and

parking). Receipts are required for any amount of $10.00 or more.

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j. Travel Advances. Travel advances may be made for extended or

approved out-of-state trips by requesting such advance three weeks

prior to the trip. A voucher must be submitted within 60 days of

the trip to report all expenses as outlined above. Any amount not

used by the traveler will be returned to KEA with the voucher.

Additional reimbursement in addition to the advance will be

processed if appropriate. Advances not reported or accounted for

within the 60 day limitation will result in the full amount of the

advance being added to the travelers income.

k. Additional reasonable expenses shall be reimbursed with approval

of Executive Director or Finance manager.

4. No executive officer, member of the KEA Board of Directors or staff

person shall accept a cash honorarium from a local or district education

association. An honorarium from any other source shall first be used to

offset expenses normally paid by KEA.

5. The KEA Board shall establish an allotment for state delegates to the annual

NEA Convention. Delegates elected by student and retired members shall be

funded in the same manner as active member delegates. Delegates receiving

such allotment shall report expenses following the above guidelines.

NEA RA stipend accountability:

a. Delegates are expected to arrive at the convention site prior to the first

state caucus and remain throughout the entire convention.

b. Delegates are expected to attend all state caucus meetings at the

convention.

c. Delegates are expected to be in attendance at all business sessions of

the NEA Representative Assembly.

d. Delegates are expected to participate in convention activities, and are

encouraged to make a personal contribution to the NEA Fund for

Children and Public Education.

e. Delegates are expected to participate in the voting process. Delegates

will verify voting by submitting a voting receipt to the caucus chair or

designee.

f. Each state delegate will be issued a check for 80% of the NEA

delegate allotment prior to the convention. After the adoption of the

NEA Strategic Plan and Budget at the final business session, the

delegates will receive a check for the remaining 20% of the delegate

allotment from the caucus chair or designee. Delegates not in

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attendance at the conclusion of the adoption of the NEA Strategic Plan

and Budget at the final business session will automatically forfeit the

remaining 20% of the allotment. The KEA Executive Committee is

authorized to determine eligibility of any participating delegate to the

convention to receive the 20% allotment, because of personal or family

emergency, or circumstances beyond their personal control that has

occurred while the delegate is attending the NEA Convention. (10/99).

g. KEA will attempt to secure arrangements in the Host City for delegates

to be able to cash the stipend checks before departure for home.

h. Each state delegate is required to submit a voucher detailing travel

expense for the NEA Representative Assembly within 60 days of the

conclusion of the convention. The expense form will be mailed to the

state delegates prior to the Representative Assembly. Failure to file

the voucher will result in KEA sending a 1099 form to the IRS,

resulting in additional income for the delegate.

i. The names of state delegates in attendance at the NEA Representative

Assembly will be published in the KEA News, along with names of

state delegates in attendance at the closing business session. This list

will appear in conjunction with the NEA delegate candidate

information for the next year’s balloting for delegates.

j. Each candidate for the position of state delegate to the NEA

Representative Assembly will receive a copy of these guidelines and

responsibilities. Each elected state delegate must sign a letter of intent

to accept these conditions, in order to receive the 80% delegate

stipend.

k. These guidelines shall be published in the KEA News along with the

NEA nomination forms for state delegate. (12/98)

F. Local Dues Transmittals

1. Local/district dues will be collected on behalf of the local education

association by KEA through either its APA payroll deduction process or

through cash payments by members.

2. Local dues amounts will be collected from school districts in the same

number of installments as the KEA/NEA dues.

3. KEA will account for all obligations, payments and outstanding balances

of local dues.

4. KEA will transmit on a monthly basis all local dues received from school

districts during the previous month.

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5. Locals will be provided copies of any changes to the membership roster

after the “master billing” at the beginning of the year.

G. Contributions

Contributions to non-profit or charitable organizations not provided for in the

Program Budget shall be approved by the Board of Directors.

H. KEA-SP Dues

KEA Student Program dues are not treated as income to KEA. KEA will

maintain all necessary bookkeeping functions to account for dues money, which

the KEA Student Program Executive Committee is authorized to appropriately

use. Periodic financial reports will be provided by KEA to the KEA-SP Executive

Committee.

I. KEA-R Dues

1. KEA Retired dues are not treated as income to KEA. KEA will maintain

all necessary bookkeeping functions to account for dues money, which the

KEA-Retired Executive Committee is authorized to appropriately use.

Periodic financial reports will be provided by KEA to the KEA-R

Executive Committee.

2. KEA-R lifetime dues will be escrowed at the end of each fiscal year into

an interest-bearing account. Amortization of such dues will be made

according to formula as recommended by the KEA auditors.

J. Financial Reports

1. Audited financial information will be provided to the Board of Directors

upon completion of the audit.

2. A monthly financial report shall be furnished to members of the KEA

Board and members of the management and professional staff and shall be

available to all members. Financial reports may be furnished to non

members on approval of the executive director.

3. Board members shall receive a monthly report of expenditures from the

Contingency Fund.

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4. An oversight (or Governance Finance Committee) shall be appointed to

study financial background, purchasing and spending procedures as well as

any other assigned responsibilities.

5. Adopted budget line items shall not be exceeded without the approval of

the KEA Board and the contingency shall be adjusted to show the change.

The KEA Board will be informed of any budget area where expenses are

expected to exceed budget. The Board, at its discretion, may re-allocate

budget money, allow the over-expenditure, or direct actions which will

lower the expected expenditure. (5/96)

K. Grievance Arbitration Bills

When local associations take grievances to arbitration, the arbiter’s bill is split in

half by the Association and the school district. Upon receipt of the arbiter’s bill

and a copy of the decision, KEA will pay the Association’s portion of the bill.

(2/02)

L. Marnel Moorman Scholarship Fund

The Marnel Moorman Scholarship Fund will be held in an account separate from

the general fund and a yearly report of all proceeds and disbursements will be

distributed to KEA delegates at the spring Delegate Assembly. (2000 Delegate

Assembly)

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XVI - OFFICE FACILITIES

A. Meetings in the KEA Building

1. Use of the KEA Building by KEA members, affiliated groups, and others

shall be subject to approval by the Executive Director.

2. The Assistant Executive Director for Finance shall schedule and maintain

a record of the use of the facilities in the KEA Building.

3. KEA members and affiliated groups are invited to meet in the KEA

Building subject to availability. Arrangements shall be made in advance.

B. Field Office Selection Policy

1. The KEA Board shall establish KEA offices.

2. The Executive Director or his designee shall be responsible for the

contractual arrangements, location, size, and furnishings for all KEA

offices.

3. Assistance to local or district associations who establish additional offices

shall be provided only upon specific authorization by the Board. Requests

for assistance shall be made to the Executive Director or his designee.

4. KEA members and affiliated groups wishing to use the KEA field offices

may meet subject to availability and with prior arrangements. Use of the

offices by other groups must be approved by the Executive Director.

C. Security, Use of Equipment, and Supplies

Use of KEA machines and supplies shall be limited to KEA staff. Use by others

shall be approved by the Executive Director and shall be charged at cost.

D. KEA Smoking Policy

All public areas in KEA offices will immediately become smoke free. This

includes all rest rooms and all meeting rooms as well as reception areas.

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When new applicants for KEA positions are interviewed, they will be told that

KEA is a smoke free environment and they are expected not to smoke at work if

they are hired.

All KEA meetings and all meetings in KEA facilities will immediately become

smoke free. Those leaders and staff conducting meetings will designate break

times at the beginning of all meetings which are anticipated to last more than two

hours. Meeting notices should include information telling participants of KEA's

smoke free meeting policy.

KEA will provide assistance to employees who wish to stop smoking through the

employee assistance program being implemented September 1, 1991.

All KEA offices will display appropriate signs informing members, staff, and

guests of the smoke free status of KEA offices.

Each KEA office with at least one employee who smokes will designate a

smoking area away from employee work areas. If the smoking employee has a

private work area, that area may become the office's designated smoking area if

the employee chooses. All areas except the one designated smoking area in each

office will be smoke free. When a smoking area is used as a meeting area, it will

become smoke free.

If there are disputes about designated smoking areas, they shall be resolved jointly

by KEA and KEASO after discussion with the affected employees.

E. Handicapped Accessibility

KEA will not conduct any of its business in an area that is not accessible to the

handicapped. (1998 Delegate Assembly)

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XVII - EMPLOYER-EMPLOYEE RELATIONSHIPS

A. Employment Procedure

The Association shall adhere to the letter and spirit of its contractual agreement(s)

with employees and its Affirmative Action Plan with regard to posting vacancies,

advertising openings, and all other matters related to filling positions.

The Executive Director is responsible for making recommendations to the Board

of Directors for the employment of management and professional staff of KEA.

Managers shall involve leaders in the process of filling UniServ vacancies in

compliance with the KEA-KEASO Agreement. The KEA Board shall approve or

reject the recommendation of the Executive Director.

Support staff positions are filled by the Executive Director upon the

recommendation of the appropriate manager. The KEA Board is notified of the

position being filled.

B. Affirmative Action Plan

1. Principles

The Kentucky Education Association hereby reaffirms employment

policies that provide equal employment opportunities in all personnel

policy practices and collective bargaining agreements through the

identification and elimination of practices that discriminate on the basis of

race, religion, color, national origin, gender, age, or handicap. The KEA

further affirms to expand its efforts to employ minorities and women in

sufficient numbers so that the effects of past employment practice shall be

neutralized.

In order to provide increased opportunities for minorities and women,

KEA shall act on its Affirmative Action Plan. The KEA Affirmative

Action Plan shall serve as a valuable policy and administrative tool to:

a. Demonstrate to the public its commitment to achieving equal

opportunity;

b. Show its "good faith";

c. Clarify the association's policies for all employees and facilitate

protection of individual rights;

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d. Specify actions that shall carry out the letter and spirit of the law,

and

e. Protect the employer and employees from unconscious

discriminatory practices.

The Affirmative Action Plan addresses methods for recruitment, programs

designed to facilitate promotion, and valid procedures for assessment of

performance and potential with regard to minorities and women. The Plan

shall not adversely affect the status of all employees. Further, in regard to

current employees, all conditions and benefits of employment not

specifically covered in this Plan shall continue to be implemented without

regard to race, religion, gender, national origin, age, or handicap.

2. Objectives/Timetable

The general objective of the Kentucky Education Association's

Affirmative Action Plan shall be to employ minorities and women in

percentages at least equal to their representation in their respective state

population(s) and, at the optimum, to their representation in the national

population(s). Specifically, KEA shall make every effort to achieve its

first priority objective (women) within a three-year period and its second

priority objective (minorities) within five years from the effective date of

this Affirmative Action Plan.

The minority population in Kentucky is determined to be 8% of the total -

this is the minimum objective. The minority population in the US is

determined to be 23% of the total - this is the optimum objective. The

objective for female employment is determined to be 50%.

3. Employment Procedures

a. The KEA shall establish and maintain contacts with such agencies

which can assist in identifying potential employees. Such contacts

shall include but not be limited to the following:

• National, state, and local chapters of the Urban League

• State and local government agencies

• US Department of Labor

• Schools and colleges

• Human relations and civil rights groups

• Office of Economic Opportunity Programs

• Area Development Districts

• Community contacts

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b. The KEA shall announce all staff vacancies, including a job

description which realistically describes the requirements of the

position, through the following channels:

• Normal NEA and affiliate communication procedures;

• The KEA News;

• The Louisville Courier-Journal;

• The Louisville Defender;

• The Lexington Herald-Leader;

• Local news media in the region affected;

• The organizations listed in 1. above, and

• Any other organizations or services which may be available.

c. The KEA shall establish and maintain an employment data bank

which shall contain applications submitted to the KEA. Such

applications shall remain in an active file for a period of at least

one year. The applicants herein represented shall be notified

individually should a vacancy occur. Further, the data bank shall

be updated on a regularly scheduled basis to determine continued

interest in employment and to keep the applications current.

d. Provisions of the negotiated KEA/KEASO Agreement as well as

the employment policies of the Board shall be in accordance with

the Affirmative Action Plan.

4. Selection and Placement Procedure

Procedures regarding application, screening and interviewing processes

shall be covered by KEA Board Policy adopted June 16, 1984.

5. Transfer/Promotion/Termination

Procedures on posting, notification on openings, seniority, layoff, and

termination shall be covered by the KEA/KEASO Agreement. The

KEA/KEASO Agreement also covers grievance procedure,

non-discrimination, benefits, training, and an affirmative action clause.

6. Responsibility/Assignment/Reporting/Evaluations

The Executive Director of the KEA has responsibility for the overall

implementation of this Affirmative Action Plan and shall monitor it to

assure compliance with all aspects of the program. The responsibilities of

the Executive Director or his/her designee shall include:

a. Development of programs and dissemination of information

relating to equal employment and affirmative action policies;

b. Identification and resolution of discriminatory practices or any act

of discrimination;

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c. Development and implementation of a reporting system to measure

the effectiveness of the Affirmative Action Plan and to indicate are

as needing remedial action;

d. Review of applicant data for purposes of comparing the

percentages of minorities and females among the applicants

actually hired;

e. Review of all interview procedures to determine whether biases in

the interviewers or interview techniques shall be adversely

affecting minority and female applicants or employees, and

f. Evaluating and reporting annually on the Association's Affirmative

Action status, including an annual update of the utilization table.

C. Evaluation of Executive Director

1. The Executive Director Evaluation Committee shall be composed of the

KEA Executive Committee and two members of the KEA Board.

2. Two members of the KEA Board of Directors shall be elected at the

September meeting in odd numbered years to serve for a two-year period.

3. The committee shall develop performance expectations for approval by the

board at its October meeting. Assessment procedures shall provide for

consideration of input from board members.

4. The assessment of the Executive Director shall be completed by June of

each year.

5. The committee shall present its report and any recommendation at the

August meeting of the KEA Board of Directors.

D. KEA/KEASO Bargaining

1. The KEA Board of Directors and KEASO have agreed in 1991 to utilize a

process of collaboration (for consensus-based decisions) to achieve any

addenda's to collective bargaining agreement and to monitor the

agreements impact in KEA’s financial condition.

2. Prior to any KEA/KEASO Bargaining the KEA Board of Directors shall

be provided comprehensive training on reading and understanding of

contract language and the bargaining process and its implications on the

Association.

3. Prior to Bargaining any KEA/KEASO contract the KEA Bargaining Team

shall be trained in all facets of bargaining.

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4. Any individual applying for a bargaining unit position in KEA shall not

have served on the KEA negotiations team for a period of one year upon

ratification of that contract. (2000 Delegate Assembly)

E. Union Activities

Staff Strike, Work Stoppage, Work Slowdowns, Picketing

1. Executive and Management Staff are responsible for carrying out the

essential KEA operations through the state headquarters in case of a strike

by employees covered by the KEASO Agreement.

2. A temporary suspension shall be placed against anyone who violates the

terms of the contract, and he/she shall be given due process of law and the

right of review as described in the Grievance Procedure of the Kentucky

Education Association, established by agreement with the Kentucky

Education Association Staff Organization (KEASO).

F. Publication of Staff Salaries

1. A copy of the KEA Staff Salary Schedule may be obtained upon request

by a KEA member.

2. Salary information shall be released only to non members who have a legal

right to obtain the information.

G. Sexual Harassment Policy

1. Purpose

To define the policy of the Kentucky Education Association (KEA) that all

employees have the right to work in an environment free from all forms of

discrimination and conduct which can be considered harassing, coercive or

disruptive, including sexual harassment.

KEA's position is that sexual harassment is a form of misconduct that

undermines the integrity of the employment relationship. No employees –

either male or female – should be subject to unsolicited and unwelcome

sexual overtures or conduct, either verbal or physical. Sexual harassment

does not refer to occasional compliments of a socially acceptable nature.

It refers to behavior that is not welcome, that is personally offensive, that

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debilitates morale, and that, therefore, interferes with work effectiveness.

Such behavior may result in disciplinary action up to and including

dismissal.

2. Coverage

All employees.

3. Management Responsibility

Sexual harassment, whether committed by elected, management,

supervisory or non-supervisory personnel, is specifically prohibited as

unlawful and against stated association policy. In addition, management is

responsible for taking action against acts of sexual harassment by any

person, regardless of whether the specific acts complained of were

sanctioned or specifically forbidden and regardless of the manner in which

the association becomes aware of the conduct.

4. Policy Implementation

a. It is the responsibility of management personnel to make sure that

their department or area of responsibility is in full compliance with

this Policy and associated Legal Guidelines.

b. Employees who have complaints should report such conduct to

their immediate supervisor. If this is not appropriate, employees

are urged to seek the assistance of the Executive Director.

d. It is the responsibility of the person to whom a complaint is reported to:

provide guidance; investigate charges of impropriety; and recommend

appropriate action or to see that these matters are accomplished by assigning

duties to an appropriate management employee. All claims must be

thoroughly investigated. The Executive Director must be made aware of all

complaints and will provide guidance and assistance in proper handling of

any allegations.

5. Legal Definitions and Guidelines

Unwelcome sexual advances (either verbal or physical), requests for favors

and other verbal or physical conduct of a sexual nature constitute sexual

harassment when:

a. Submission to such conduct is either an explicit or implicit term or

condition of employment (e.g., hiring, promotion, training, work

assignments, time-keeping, pay increases, cash advancements,

overtime assignments, etc.); or

b. Submission to or rejection of the conduct is used as a basis for

making employment decisions; or

c. The conduct has the purpose or effect of substantially interfering

with an individual's work performance, or creating an intimidating,

hostile or offensive work environment.

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6. Procedure

a. Employee

(1) Complaints of sexual harassment should be brought to the

attention of the Executive Director.

(2) The employee may also choose to raise the complaint

through their immediate supervisor, who will in turn

contact one of the above listed offices. If the alleged

harasser is the employee's supervisor or is employed in one

of the above listed offices, the employee should feel free to

bypass the supervisor or office and take the complaint to

one of the other offices listed.

b. Supervisor

After notification of any employee’s complaint, the supervisor will

immediately contact one of the above listed offices.

c. Investigation

(1) After notification of the employee complaint, a confidential

investigation will be initiated immediately by the Executive

Director, to gather all facts about the complaint.

(2) After the investigation has been completed, a determination

will be made regarding resolution of the case. If warranted,

disciplinary action will be taken up to and including

involuntary termination.

(3) After the investigation has been completed, and the

complaint is against an elected officer, the Executive

Director will present a report on his investigation to the

Executive Committee for processing.

d. Confidentiality

All complaints of sexual harassment will be confidential and

investigation of the complaint will involve only those persons

necessary to resolve the case.

e. Non-retaliation

This policy also prohibits retaliation against employees who bring

sexual harassment charges or assist in investigating charges. Any

employee bringing a sexual harassment complaint or assisting in

the investigation of such a complaint will not be adversely affected

in terms and conditions of employment, nor discriminated against,

or discharged because of the complaint.

H. KEA Benefit Plan

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KEA will offer and administer the KEA Benefit Plan (Section 125) for its

employees as called for in the Staff Contract and policy of benefits for non-

bargaining employees, as adopted by the Board of Directors in March 1993.

I. Benefits for Non-Bargaining Unit Employees

It is hereby resolved that the KEA Board of Directors hereby reaffirms and ratifies

its actual policy that non-bargaining unit employees are not entitled to any

benefits, fringes, or severance pay, except as specifically adopted or specifically

approved by the KEA Board of Directors; the Board reserves the right to add to or

delete any benefit or fringe, or severance package at any time, except those which

are provided under and pursuant to a specific written contract of employment.

At this time the Board agrees to provide for its current non-bargaining unit

employees the following benefits, in addition to his/her specified salaries:

1. Health, dental, vision and prescription drug card insurance - current

coverage to be continued until further notice.

2. Life, AD&D, liability and LTD insurance - current coverage to be

continued until further notice. (5/96)

3. Participation in the NEA Retirement Plan to continue, until further notice.

4. Vacation with pay as follows, until further notice: Annual vacation time

with pay shall accrue at the rate of one and one-third (1 1/3) days per

month. After continuous employment of three (3) years vacation with pay

shall accrue at the rate of one and one-half (1 1/2) days per month; one and

two-thirds (1 2/3) days per month after five (5) years; and two (2) days per

month after a continuous employment of ten (10) years.

The number of accrued days carried forward from one fiscal year to the

next may be accumulated up to the same number allowed for professional

staff in the KEA/KEASO Agreement. Any days over the allowable

amount at the end of any fiscal year must be taken prior to August 31 of

the fiscal year or the days over the allowable carry-over will be lost.

(5/96)

5. Sick leave with pay, as follows, until further notice: Employees are

entitled to use sick leave for illness or disability either personal or within

the immediate family. Employees shall earn one and one-half (1 1/2) sick

leave days per month.

Unused sick leave shall accumulate without limitation. "Immediate

Family" shall include the following: spouse, parent or step-parent, parent

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or step-parent of spouse, child or step-child, grandchild, brother or step-

brother, sister or step-sister, grandparent or grandparent of spouse. Sick

leave may be used for illness of other relatives or close friends upon

written approval of the Executive Director.

6. Personal leave with pay as follows, to continue until further notice: All

employees are entitled to five (5) days of leave with pay per year for

conducting personal business, responding to an emergency or

bereavement. Any unused days shall be converted to sick leave days and

be accumulated as such at the end of each fiscal year or on the last

working day of any employee who retires. Leave with pay may be

extended for bereavement with the written approval of the Executive

Director or designee.

7. Leave with pay will be granted when an employee is summoned for jury

duty or is subpoenaed. The leave will not be charged to any leave

category. (5/96)

8. Leased vehicle now provided to the UniServ Manager shall continue to be

provided until further notice.

9. Expense reimbursement: All out of state and in state lodging and

reasonable expenses related to such travel on KEA business, and

reimbursement for mileage at the IRS rate per mile must be approved in

writing by the Executive Director. In the event an employee is involved in

an automobile accident while traveling on KEA business, KEA shall

reimburse the employee up to a maximum of two hundred fifty dollars for

the employee’s insurance deductible. (5/96)

10. Injury on the job: Until further notice, any employee injured on the job,

such injury having formally been recognized as compensable by KEA's

insurance carrier, and during the first 90 days the employee receives

workers' compensation benefits, shall receive for 90 days, such salary as

would normally be received, less the amount the employee receives from

workers' compensation.

11. EAP - KEA, until further notice, shall expend up to $50 per employee per

year for an employee assistance program and shall reimburse employees

for actual expenses up to $250 for physical examination(s) over a two year

period. (5/96)

12. Holidays: Confidential employees shall receive double pay when required

to work on holidays. Until further notice, the following days shall be non-

working paid holidays (Saturdays and Sundays, excluded):

a. New Year's Day

b. Martin Luther King, Jr. Birthday

c. Good Friday

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d. Memorial Day

e. 4th of July

f. Labor Day

g. Presidential Election Day (confidential employees only)

g. Thanksgiving and the day following Thanksgiving

h. December 22 through December 31 (5/96)

13. The Retirement Incentive as outlined in the KEA/KEASO Agreement, to

which only actively employed employees at the time of retirement are

entitled to participate, will be paid to such retiring employees (such

incentive to continue until further notice). (5/96)

14. The qualified Cafeteria Plan to be continued in its current form, until

further notice. Management and confidential employees shall have the

same insurance pool benefits as those provided to KEASO employees.

(5/96)

15. Until further notice, retiring employees shall receive single coverage

health insurance, dental and vision insurance, and prescription drug

insurance, at the time of retirement. KEA may decide, annually, at its

option, to renew all or any portion of such insurance on an annual basis.

16. When employment with KEA is terminated, the employee shall receive

severance pay according to the following provisions: (a) resignation -

salary earned plus accrued vacation time; (b) reduction in force - salary

earned plus accrued vacation time plus one week of salary for each year of

KEA employment; (c) retirement - salary earned plus accrued vacation

time plus reimbursement for up to thirty days of accrued sick leave; and

(d) death - salary earned plus accrued vacation time plus salary for two

weeks. Upon request of the beneficiary a $1000 loan against insurance

benefits shall be made. (5/96)

It is understood, that in the absence of a specific written contract, the

employment of all KEA employees is employment at will, and any such

employee(s) may be suspended or terminated without cause, by the

Executive Director or at the direction of the Board of Directors.

All KEA employees are provided the protections listed in the Employee

Protection article of the professional negotiation agreement between KEA

and KEASO. (5/96)

Upon approval, this resolution shall be distributed to all non-bargaining

unit employees of KEA at the earliest possible date.

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XVIII - POSITION STATEMENTS

A. Gender Equity in Education

That the KEA reaffirm its long-time commitment to educational equity by

initiating the following actions; (1) Adopt the position statement (provided) on

gender equity in education; (2) Submit to the Partnership KEA's plan of action for

eliminating the barriers identified as most debilitating to women who want to

become school administrators; and (3) Circulate and secure names of our

members on a petition (provided) (sponsored by the Educational Equity Advisory

Board) in support of Gender Equity in Education. (10/93)

B. Violence Prevention & Safety in Schools

It is the position of this organization that schools must be environments that offer

safe haven from violence, fear, intimidation, and abuse, either physical, mental, or

emotional. Such safe haven must exist for all those individuals involved in the

process of the education of children. (3/94)

C. KEA Interpretation of HB 187

The implementation of the primary program may take into consideration the

necessary arrangements required for students attending part-time and will allow

for grouping of students attending their first year of school when determined to be

developmentally appropriate.

This statute also allows school councils/schools to determine, based on individual

student needs, that multiage/multiability classrooms need not apply for every

grouping of students for every activity throughout the day.

The council/school shall revise the Primary Action Plan to reflect any changes in

the primary program design.

This statute in essence gives the teachers the flexibility they have long sought in

determining what is best for the students they teach.

This statute, however, does not permit councils/schools to decide not to

implement an appropriate primary program, which continues to be required by law

to include multiage/multiability grouping.

Examples of acceptable practice:

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1) Entry-level students may be grouped separately for the first few

weeks, semester or whatever is decided by council/school.

2) A school may have an instructional block which involves only a

single grade or ability grouping of students. (1/95)

D. Career Ladder, Merit Pay, Teacher Assessment Centers

KEA reaffirms its strong opposition to career ladder, merit pay, and teacher

assessment centers. (12/94)

E. Cultural Diversity

It is the belief of this organization that one of the foundations of this country’s

greatness is its rich heritage of cultural diversity. Therefore, it is the position of

this organization to reaffirm that heritage through: Encouraging the

implementation and usage of curriculum and instructional materials that are non-

biased, astereotypical, and gender equitable; Emphasizing that such materials

reflect the diversity of various cultures; And by further affirming that these

curricular materials be made available to all teachers and children in ALL

Kentucky public schools. (1/95)

F. Inclusion

KEA members have reported an unprecedented number of incidents of student

placement, in which “least restrictive environment” and “inclusion” are being

inappropriately used to the detriment of all students. The situations include

failure to provide technology named in an IEP; refusal to reconsider the placement

of a student who is a physical threat to him/herself and others; refusal to modify

class size to accommodate the inclusion of a special needs student; failure to

provide appropriate resources required to facilitate the least restrictive

environment; failure to give notice of a student’s needs to the receiving teacher;

failure to provide advanced retraining to prepare teachers and others to

successfully integrate special needs students with regular education students.

Often these adverse situations occur when limited placement options are allowed

to drive the development of the IEP instead of first determining the needs of the

student, creating an effective IEP which then determines the appropriate

placement. KEA believes that the absence of a full continuum of placement

options, combined with a misunderstanding of the concept ‘least restrictive

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environment’ are reasons for these abuses. Inclusion is only one placement option

for special needs students.

In view of the escalation of these situations to the point of preventing teachers

from teaching and students from learning, KEA advocates corrective action on

many fronts to stop this escalation so the teaching and learning can progress. [A

list of recommended actions are available upon request.] (1995 Delegate

Assembly)

G. Retirement

KEA supports 27 year retirement at any age. (1997 Delegate Assembly)

H. OEA Complaint Procedure

KEA endorses the OEA complaint procedure form with the whistle blower

protection statute. (10/96)

I. Comprehensive School Health Education

KEA supports comprehensive school health education (CSHE). (10/96)

J. Minority Teacher Recruitment

KEA supports KAR 7:130 on Minority Teacher Recruitment. (3/97)

K. Education Professional Standards Board

KEA believes that an autonomous, independent teacher majority Education

Professional Standards Board is a critical element of a true Kentucky teaching

profession. Further, KEA believes that the Kentucky Education Professional

Standards Board is the appropriate state agency to address issues regarding teacher

preparation, induction, and other professional issues of the teaching profession in

Kentucky. (12/98)

Note: See Section L. Teacher Quality for other positions on Education

Professional Standards Board

L. Teacher Quality

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1. KEA supports the concept of improving teacher quality and believes the Task

Force on Teacher Quality has the opportunity to make positive improvements

in the profession of teaching. (4/99)

2. KEA believes that the cornerstone to improving teacher quality is to provide

professional salaries that will encourage the Commonwealth’s top students to

consider teaching as a profession. KEA believes that any proposed new

compensation plan should elevate the profession of teaching as a whole. We

further believe that the integrity of the “single salary schedule” should be

maintained. Current members of the profession should be allowed to

“voluntarily” move to any new system but will not be forced to do so. Any

enhancements must be available to all teachers, but remain voluntary. (4/99)

3. KEA believes that teacher preparation programs should ensure that graduates

are competent in content and pedagogy to teach in Kentucky classrooms.

(4/99)

4. KEA believes that the Educational Professional Standards Board should

remain an autonomous state agency to regulate and oversee professional

development. The Board's composition should remain a teacher majority.

This teacher majority should be practicing K-12 certified teachers. (12/2000)

5. KEA believes that the integrity of the single salary schedule must be

maintained, with significant enhancements to initial beginning salary cells for

beginning teachers. In addition, teachers should receive a major salary

increase in their mid-career years (8-12 years), and again in their experienced

years (16-22 years). (6/99)

6. KEA believes that teachers having direct contact with students outside of the

regularly scheduled school day should be paid the hourly rate as determined

on the regular salary schedule. Additional tasks will be assigned a dollar

value for each task performed. (6/99)

7. KEA believes that bonuses should be offered to attract and retain certified

teachers, when a shortage is determined by the Education Professional

Standards Board (EPSB), in geographical and content-specific areas. All

teachers employed in a shortage area, within a district offering bonuses, must

receive the same bonus. The bonus is not subject to KTRS deductions, but is

subject to IRS and state deductions. (12/2000)

8. KEA supports life-long learning for educators through professional

development. In order to accomplish this, a clear distinction should exist

between “staff development” (school related training) and true “professional

development” (growth of the individual). Time and money must be adequate

and available for both. EPSB should be the agent to regulate and/or oversee

Professional Development. (6/99)

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9. KEA opposes the mandating of additional coursework, other training, or

testing of experienced teachers in order to maintain current certification status.

KEA believes that any changes in the current middle school certification

system must “grandparent” in current K-8, 1-8, 7-12, and life certificate

holders. (2001 Delegate Assembly)

10. KEA believes that a support system should be extended past the intern year to

second and third year teachers. This professional support system should

include, but should not be limited to: greater link to content subject area;

personal and professional growth plans; curriculum alignment; academic

enrichment; and long-term planning. Resource (KTIP) teachers will be

compensated for their assistance at a higher rate than is currently offered.

(6/99)

11. KEA believes that a certified, qualified teacher should be available for each

classroom. Individual student achievement should not be a factor in teacher

evaluation or compensation. Mechanisms are currently in place to release

ineffective teachers; KEA reaffirms its belief in due-process rights for

teachers. (6/99)

12. KEA believes that adequate access to all educational technology as cited in the

indicators in the technology standard(s) and effective, personalized, quality

instruction for teachers, provided through KETS funding, is essential to

successful implementation of the technology component. KEA further

believes that two-way communications should be available in every classroom

and in all areas of school buildings. (6/99)

13. KEA believes that KDE Special Education regulations should ensure the

health and safety of classroom teachers, administrators and students, placing

no one at risk. (6/99)

14. KEA believes that high expectations are necessary in content competency and

pedagogy. Professional Development Academies should provide growth

opportunities for teachers, and should demonstrate relevancy and improved

teaching and learning in the following manner:

Increased content acquisition

Model best teaching practices and be focused on experienced teachers

standards and/or NBPTS standards

Be taught by highly qualified, experienced practitioners

Be accessible to all teachers of the seven assessment areas and all

grade levels

Be well advertised, so that all interested practitioners may apply

Contain a high quality program evaluation component

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Be paid a daily stipend with housing, food and materials provided to

participants. (12/2000)

M. Education Budget

1. Educational excellence requires adequate funding. Cuts made to the

education budget in 2001, 2002, 2003, and 2004, and inadequate funding

proposed by the current administration for 2005 and 2006 are seriously

undermining the promises made to Kentucky’s children.

Therefore, we urge the Kentucky General Assembly to seek the necessary

resources to:

restore the education programs and operations that have been cut and

provide needed resources to those programs that have been under funded

provide school personnel raises of 5% in 2005 and 5% in 2006,

restore the funding removed from employee health insurance program and

stop the planned benefit reductions

fully fund current and future obligations of school employee retirement

systems to ensure the financial security and health insurance of our retirees

create a plan to adequately fund our public schools

Kentucky economic future depends upon educational excellence. Achieving

educational excellence requires adequately funding education.

2. The diminishing commitment to education must not be allowed to continue,

the Kentucky Education Association calls on the Governor and the General

Assembly to keep the promise made to Kentuckians and authentically

modernize Kentucky’s tax structure to fund the constitutionally required

“efficient system of common schools throughout the State.” (February 2004

Special Delegate Assembly)

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XIX - GUIDELINES

Guidelines for the following KEA programs are available upon request.

Marvin Dodson-Carl Perkins Scholarship

Marnel Clay Moorman, Sr. Scholarship

Smith/Wilson Award

KEA Martin Luther King Contest