ARTICLE 1 – ASSOCIATION
ARTICLE 2 – PURPOSES
ARTICLE 3 – AFFILIATION
ARTICLE 4 – MEMBERSHIP
ARTICLE 5 – OFFICERS AND THEIR DUTIES
ARTICLE 6 – THE EXECUTIVE BOARD
ARTICLE 7 – NOMINATIONS AND ELECTIONS
ARTICLE 8 – MEETINGS
ARTICLE 9 – QUORUM
ARTICLE 10 – HONORARIA
ARTICLE 11 – COMMITTEES
ARTICLE 12 – RULES OF PROCEDURE
ARTICLE 13 – AMENDMENTS TO THESE BYLAWS
ARTICLE 14 – RIGHTS OF MEMBERSHIP
ARTICLE 15 – DISSOLUTION AND LIQUIDATION OF THE ORGANIZATION
The name of the Association shall be the Lexington Education Association Inc., hereafter L.E.A.
Section 1. To promote ethical standards and professional practices among the total membership
Section 2. To enable its members to speak with a common voice on matters concerning the profession
Section 3. To promote the professional and educational interests of the membership in relations with the community in order to achieve the optimum conditions for education in Lexington
Section 4. To represent the membership and agency fee payers of the Lexington Public Schools in negotiations with the Lexington School Committee as provided under Chapter 150E of the Acts of the Commonwealth of Massachusetts of 1974, as amended
Section 5. To represent the membership for such other purposes as permissible under the law and incidental to the purpose set forth here
Section 1. The L.E.A. shall be affiliated with the Massachusetts Teachers Association (MTA), and the National Education Association (NEA).
Section 2. No person shall be admitted to or continue to be an active member in the L.E.A. who is not also a member of the MTA and the NEA.
Section 3. Annually, prior to July 1, the L.E.A. shall submit to the MTA, a list of its officers and Executive Board members and their addresses. The names and addresses of all members, and Agency fee payers a current copy of the L.E.A. Bylaws, any other governing instruments, and a copy of the most recently ratified contract, shall be submitted by November 15.
Section 1. Active Membership
a. Active membership in the L.E.A. is open to any employee of the Lexington Public Schools employed in a position that is represented by the Association or which the Association seeks to represent. Unit A active members are certified/licensed professional staff. Unit C active members are Instructional Assistants and Student Support Instructors. The Tech Unit active members are techs. Unit D active members are school support personnel, administrative assistants, secretaries, clerks, registrars, bookkeepers and, in general, clerical and office positions.
b. An active member is entitled to vote, to hold office, and to receive all services and benefits of the L.E.A.
c. Active membership shall become effective upon full cash payment of dues on or before November 1 or by enrollment as a continuous active member by authorization of payroll deduction of dues to L.E.A. /M.T.A. / N.E.A.
d. Active membership shall be continued in the L.E.A. each year unless, the member gives at least sixty (60 days) notice in writing to the Treasurer of the L.E.A. requesting withdrawal of his / her membership. If the member is on payroll deduction such notification must also be given to payroll. In the event that a member leaves the employ of the Lexington School System before the end of a school year, the balance of their dues must be paid.
e. For purposes of interpretation or application of these by-laws, members with multiple
building assignments shall be construed as being assigned to the building where they spend the
majority of time.
f. In order to receive any services, consultations, or legal representation, members on leave must
maintain membership in L.E.A./M.T.A./ N.E.A. and pay appropriate dues to the L.E.A. by
November 1 (first) of any school year.
Section 2: Unit C
a .Membership shall be open to all persons employed as full-time and regular part-time Instructional Assistants and full and part-time Student Support Instructors in the Lexington Public Schools.
b. The Unit C representative will assist the President and Treasurer of the LEA to ensure accurate and complete membership data for Unit C.
Section 3: Tech Unit
a. Membership shall be open to all persons employed as full-time and regular part-time techs in the Lexington Public Schools.
b. The Tech Unit representative will assist the President and Treasurer of the LEA to ensure accurate and complete membership data for Tech Unit.
Section 4: Unit D
a. Membership shall be open to all persons employed as full-time and regular part-time support personnel, administrative assistants, secretaries, clerks, registrars, bookkeepers and, in general, clerical and office positions in the Lexington Public Schools.
b. The Unit D representative will assist the President and Treasurer of the LEA to ensure accurate and complete membership data for unit D.
Section 5: Honorary Membership
a. Honorary membership in the L.E.A. shall be accorded to any person who subscribes to the goals and purposes of the Association and whose honorary membership has been approved by a majority vote of the L.E.A. Executive Board.
b. Honorary members shall have all the privileges of active members except for voting and holding office.
c. Honorary members shall be exempt from the payment of L.E.A. dues.
Section 1. Officers
a. The officers of the L.E.A. shall be President, Vice-President, Treasurer, and Secretary.
b. The position of officer or committee member in the L.E.A. shall be declared vacant if his/her dues are in arrears beyond November 1 of any calendar year.
Section 2. Duties of the President
a. The President shall act as chief executive officer of the L.E.A.
b. The President, Vice President or a designated officer, shall preside at all meetings of the L.E.A.and of the Executive Board.
c. With the approval by a majority vote of the Executive Board the President shall appoint all members of special committees.
d. The President shall be a member ex-officio of all committees with the exception of the Nominations and Elections Committee.
e. No member(s) of special or standing committees may be removed by the President without a majority vote of the Executive Board in favor of the removal(s).
f. The President shall represent the L.E.A. before the public, either personally or through his/her designees.
g. The President shall maintain all official records of the L.E.A.
h. The President shall be a member of the Negotiating Committee.
i. The President shall prepare a calendar of Executive Board meetings.
j. The President shall prepare agendas for all regularly scheduled meetings of the Executive Board.
k. The President shall prepare agendas for general meetings of the membership and cause the same to be distributed to all building representatives no later than forty-eight (48) hours before the meeting.
l. The President shall report at least monthly during the school year to the membership concerning his / her activities on behalf of the Association, the actions of the Executive Board and other Association committees, and news/information of interest and significance to the membership.
m. The President shall submit to the Executive Board the next fiscal year’s tentative budget for review and approval prior to or by May 15.
n. The President shall serve as a delegate to the Massachusetts Teachers Association (MTA) Annual Meeting and as a delegate to the National Education Association (NEA) Representative Assembly. If the President does not attend either or both meetings, an additional delegate will be elected. (Article VII, Section 2b)
Section 3. Duties of the Vice President
a. The Vice President shall assume the duties of the President in his/her absence or at his/ her request
b. The Vice President shall assume the office of President for the duration of the President’s term in the event that the President is unable to serve. A special election to fill the office of Vice-President shall be held within 30 school days.
c. The Vice President shall be an ex – officio member of all committees with the exception of the Election Committee.
d. The Vice President shall preside over the Executive Board in the absence of the President, and shall perform all other functions expressly delegated to the office of the President.
e. The Vice President shall serve as Chairperson of the Representative Council, the body comprised of Building Representatives and P.R.&R. Representatives.
f. The Vice President shall serve as editor/creator of an LEA newsletter.
g. The Vice President shall organize the planning and execution of the Strawberry Festival (retirement party).
Section 4 Duties of the Treasurer
a. The Treasurer shall hold the funds of the L.E.A. and shall disburse such funds uponauthorization of the Executive Board.
b. The Treasurer shall keep accurate accounts of receipts, disbursements, and investments, and shall make a report of such to the Executive Board at least once a month.
c. The Treasurer shall be bonded
d. The Treasurer shall keep an up-to-date list of paid members.
e. The Treasurer shall submit to the membership a financial statement of the previous fiscal year, upon approval of an official vote of the Executive Board, by November 1.
f. The Treasurer shall be responsible for the billing of the membership for their annual dues or arrange for payroll deduction; shall bill agency fee members for agency fees; shall collect the dues and fees, and transmit amounts due to the M.T.A. and the N.E.A.
g. The Treasurer shall be responsible for informing the Executive Board in writing of those members whose dues are in arrears or those who have failed to join the Association or pay an agency fee as of November 1.
h. Within thirty (30) days of the close of the fiscal year, the Treasurer will arrange for an independent audit in accordance with generally accepted auditing standards. Under those standards, it is required that the audit be planned and performed to obtain reasonable assurance about whether the financial statements are free of material misstatement. This audit shall include, but not be limited to, assessing the accounting principles used, the accuracy of dates recorded, the balance in the various bank accounts, and the reconciliation of the disbursements journal. The Treasurer shall report the findings of the auditor verbally to the LEA Executive Board.
i. The Treasurer shall be responsible for making sure that the bill is paid for workers’ compensation.
j. The Treasurer shall be the liaison to the LEA payroll company.
Section 5. Duties of the Secretary
a. The Secretary shall keep accurate minutes of the general meetings of the L.E.A. and of allmeetings of the Executive Board.
b. The Secretary shall disseminate the correspondence of the L.E.A. at the request of the President
c. The Secretary shall be responsible to see that all official votes of the Executive Board are kept on file in the Association office, and to see that they are dated, including a record of any roll – call votes.
d. The Secretary shall be responsible to see that all amendments are incorporated into the existing Bylaws, and that a copy of the new Bylaws be available on the LEA website by November 1 of the year it is to become effective. Paper copies will be available upon request. The Secretary shall be responsible for distributing a copy of the new Bylaws to appropriate agencies no later than November 1 of the year it is to become effective.
e. The Secretary shall assist the Vice President in mailing the Strawberry Festival invitations.
Section 1. Composition of the Executive Board
a. There shall be an Executive Board consisting of the President, Vice President, Secretary, Treasurer, (Co)-P.R.& R. Chairperson(s), Negotiation Chairperson, two Unit A representatives from the Elementary Level, one Unit A representative from the Middle School level, two Unit A representatives from the High School level, the Unit C Rep, Tech Rep, and Unit D Rep.
b. A quorum of the Executive Board exists when the President or Vice President is present plus a majority of the other members of the Board.
Section 2. Duties of the Executive Board
a. The Executive Board shall be responsible for the management of the L.E.A.
b. The Executive Board shall be responsible for setting the dues annually.
c. The Executive Board shall be the sole policy – making body of the L.E.A.
d. The Executive Board shall personally, or through appointed designees, represent the L.E.A. in all negotiations with the Lexington Public Schools and/or its agents in all matters relating to the conditions of employment as defined in Chapter 150E of the Acts of the Commonwealth of Massachusetts of 1974, as amended.
e. The Executive Board shall instruct the Nominations and Elections Committee to hold a special election to fill vacancies which may occur in any elected office during that term of office, except for the office of President (as outlined in Article V Section 3b). In the event no candidate comes forward, the Executive Board will appoint a member to fill the position until the next general election.
f. The Executive Board, by a two-thirds vote of its membership, may admonish, censure, suspend or expel any member of the Association for a violation of the M.T.A./N.E.A. Code of Ethics. The member shall have the right to appeal to the General Membership and be afforded a hearing at a general meeting of the Association. The decision of the Executive Board may be overturned by a two-thirds (2/3) vote of the membership. If expelled by the membership, the member will revert to Agency Fee Payer status.
g. The Executive Board shall have all power not expressly delegated to the Officers.
h. The Board shall be responsible for scholarship fund-raising activities and for the selection of recipients.
i. The Board shall be responsible for appropriate recognition of retiring members of the L.E.A.
Section 3. Finances
a. The proposed LEA budget for the next fiscal year, approved by the Executive Board, shall be submitted to the Rep Council by May 25th.
b. By June 10th, the proposed L.E.A. budget will be voted by the Rep Council either by secret ballot or at a Rep Council meeting. A simple majority of the reps is needed to pass the budget.
c. The Executive Board will be responsible for overseeing the prudent deposit, withdrawal and/or investing of the L. E. A. funds. Transferring of funds, opening and/or closing of accounts must have prior approval of the Executive Board.
d. The Association’s funds shall be spent in the interest of the membership and in compliance with the goals and objectives of the Association.
e. Any expenditure using the Association’s reserves whether principle or interest must be approved by two – thirds (2/3) vote of the Executive Board. The membership shall receive written notice of such an impending vote of the Executive Board 10 days prior to the vote.
Section 1. Composition of the Nominations and Elections Committee
a. The Executive Board shall appoint the chairperson for a two-year term.
b. The Nominations and Elections Committee will be composed of those appointed by the chairperson.
c. No member of the Nominations and Elections Committee may be a member of the Executive Board or a candidate in the election.
Section 2. Duties of the Nominations and Elections Committee
a. The Committee shall be responsible for securing candidates for Executive Board positions except for PR&R Chairperson (see Article XI, Section 1) and Negotiations Committee Chairperson (see Article XI, Section 3).
b. The Committee shall be responsible for securing candidates for delegates to the MTA and NEA Annual Meetings.
c. Any active member of the Association may submit his/her name for any office on the Executive Board to the Chairperson of the Nominations and Elections Committee so that it will appear on the ballot the day of the election. The candidates must submit their names at least fifteen (15) working days before the election.
d. Candidates for the Unit A representatives from the Elementary Level, the Unit A representative from the Middle School level, the Unit A representatives from the High School level, the Unit C Representative, Tech Representative, and Unit D Representative must be active members of their respective constituencies and will be elected only by active members of their respective constituencies.
e. The names of the candidates for elective offices with information about each candidate shall be communicated in writing to the membership no later than ten (10) working days before election.
Section 3. Elections
a. The Nominations and Elections Committee shall be responsible for conducting general elections on or about March 15 except where otherwise specified in these Bylaws.
b. The Chairperson of Unit C and the Unit A representatives from the elementary schools, middle schools, and high school shall be elected to the Executive Board by their respective constituencies on or about March 15.
c. P.R.& R. Committee Representatives and Building Representatives shall be elected by their respective constituencies ( the LEA members in their buildings) on or about March 15. The incumbent Building Representative, unless not a candidate for reelection, shall secure a volunteer who is not a candidate to conduct the nomination and election procedures for these two positions.
d. The Nominations and Elections Committee shall determine procedures for special elections to fill vacated positions of officers other than president. (See Article 6 Section 2e.) Special elections shall be held within thirty (30) days of the vacancy.
e. A candidate for elective office must receive a majority of votes cast for that office. In the event no candidate receives a majority, a special election will be held between the two candidates with the highest vote totals.
f. All Candidates for L.E.A. office will have the right to use the LEA list-serve for two (2) campaign electronic messages.
g. Ratification votes will be the responsibility of the Nominations and Elections Committee. The Executive Board will set the date of the ratification vote.
h. All elections shall be by secret ballot.
Section 4. Terms of Office
a. The term of office for the members of the Executive Board shall be for two years commencing on the July 1 following the election and terminating two (2) years later on June 30.
b. The term of office for other positions shall be for two years commencing on July 1 following the election and terminating two (2) years later on June 30.
Section 5. Removal of Elected Officers
a. An elected officer may be removed when the actions of the officer are grossly negligent and detrimental to the interest of the membership and in violation of the stated goals and objectives as stated in Article II.
b. Upon written petition to the Chairperson of the Nominations and Elections Committee by twenty – five (25) percent of the active membership an officer may be removed from office by a two – thirds (2 / 3) vote of the membership.
Section 1. The President may call special General Meetings for purposes including, but not limited to, budget presentations and annual reports from Executive Board members.
Section 2. Upon written petition to the President, five (5) percent of the active members may request a meeting of the membership. Such meetings must take place within fifteen (15) school days after the President receives the written petition.
Section 3. The Unit C Rep may call general meetings of Unit C members. The Tech rep may call general meetings of Tech members. The Unit D member may call general meetings of Unit D members. The LEA President or his/her designee will attend such meetings.
Ten (10) percent of the active membership from each level (elementary, middle, and high school) shall represent a quorum. The President will maintain membership count by levels and determine the 10% quorum count by levels prior to every scheduled meeting.
ARTICLE X – HONORARIA
Section 1. There shall be honoraria for members of the Executive Board. These shall be voted by the Representative Council as part of the annual budget vote and shall be for the current term of service.
Section 2. Honoraria are not solely compensation for services rendered, but are also given by the Association in gratitude for that service. Honoraria shall be paid by the payroll company contracted by the LEA e-board.
Section 3. In the event the individual resigns or is removed from office, his / her honorarium shall be prorated based on time served.
Section 1. Professional Rights and Responsibilities (P. R. & R.)
a. The (Co-)chairperson(s) shall be a member(s) of and elected by the members of the P. R. & R. Committee before May 1 of the year when the Chair’s two-year term will expire.
b. The committee shall be responsible for assisting employees in the processing of individual grievances and for representing the L.E.A. in the processing of class action grievances.
c. The Chairperson of this Committee or his / her designee will be the grievance agent for the L.E.A. representing said Association in all matters relating to the investigation and processing of grievances.
d. Members of the Professional Rights and Responsibilities Committee shall consist of one elected member from each school and up to three (3) members-at-large, appointed by the Executive Board.
e. The Committee may recommend to the Executive Board changes in contract language.
f. The P. R. & R. Committee shall recommend to the Executive Board whether or not a grievance should be sent to arbitration. The Committee shall notify both the grievant and the Executive Board of its recommendation within ten (10) school days.
g. The Executive Board has the sole authority to determine if a grievance shall be sent to arbitration. Before making its decision, the Executive Board shall notify the grievant of the date, time, and location of he meeting at which it will consider the P. R. & R. recommendation. The grievant has the right to be present and to be heard at the Executive Board Meeting. The Executive Board shall consider the matter in accordance with contractual time lines.
h. No grievance resolved by the P. R. & R. Committee on its own authority shall set precedence unless filed by the Executive Board. The P.R.&R. Committee Chairperson (or Executive Board) shall notify the employer.
i. The Committee shall promote ethical conduct and publicize the Codes of Ethics and Procedures of the M.T.A. and the N.E.A.
Section 2. Building Representative Committee
a. The Building Representative Committee shall be made up of the L.E.A. Building Representatives from each building.
b. The Vice President shall be the chairperson of this committee.
c. The Committee shall be responsible for welcoming new school personnel to Lexington and for assisting in their orientation to the school system and the L.E.A.
d. The Committee may organize social activities to promote fellowship among the L.E.A.members.
e. The Committee shall be responsible for informing teachers of the benefits of membership in the Association.
f. Building Reps in conjunction with the P.R.&R Committee will be responsible for holding informational meetings within their buildings.
Section 3. Negotiations Committee
a. The Executive Board shall appoint the Negotiations Committee Chairperson.
b. The President will be a member.
c. The Committee shall consist of no more than twelve (12) members. The following shall be elected by the membership: two (2) from the elementary, one (1) from the middle, and one (1) from the high school. The Executive Board shall appoint the remaining members. Members will serve until negotiations are completed and ratification has occurred.
d. There will be a ratification vote for any and all negotiated agreements except for impact bargaining and monitoring of the contract. Agreements shall first be approved by the L.E.A. negotiating team, then by the Executive Board, and finally by a simple majority vote of the membership. The ratification vote will be the responsibility of the Nominations and Elections Committee. The Executive Board will set the date of the ratification vote. All members will be sent a summary of the agreement at least five days prior to any vote, unless waived by a majority vote of the membership.
Section 4. Other Committees
The Executive Board may authorize other Committees. Membership on said committees shall
be recommended by the President for approval by the Executive Board.
Section 2. The President shall appoint a Parliamentarian for each general meeting of the L.E.A.
Section 1. The membership shall be notified in writing at least forty-eight (48) hours before a vote is taken on proposed amendment(s)
Section 2. A vote on the proposed amendment(s) must be taken at a meeting of the Association at which there is a quorum. To pass, the amendment(s) must receive approval of two thirds (2 / 3) of the members present. By-laws may also be amended by secret ballot by a two-thirds (2 / 3) vote of the membership, provided the total number of votes meet the Quorum requirement.
Section 3. Amendments to these By-laws shall become effective immediately unless indicated otherwise.
Section 4.On or before November 1 of each year, a copy of the By-laws shall be made available via the L.E.A. website.
Active Members of the Association may challenge any official vote of the Executive Board. To challenge any official vote of the Executive Board, the challenging member must produce a petition stating the objections and bearing the signatures of not less than twenty-five (25) percent of active members. To overturn an official vote of the Executive Board requires a majority vote of the membership by ballot, no later than two (2) weeks after the petition has been presented to the Executive Board. The Nominations and Elections Committee will conduct the vote.
In the event of the dissolution and liquidation of the Corporation, and prior to the completion thereof, all of the assets, property, income, and other funds of the Corporation, not owned or held upon a condition requiring return, transfer or conveyance by reason of dissolution will be divided equally among the active membership.
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