Rocklin Teachers Professional Association/CTA/NEA
I. NAME AND LOCATION
The name of this Association shall be the Rocklin Teachers Professional Association/CTA/NEA in Placer County.
The primary purposes of this Association shall be:
A. To represent its members in their relations with their employer, and to seek to be the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment;
B. To form a representative body capable of developing group opinion on professional matters to speak with authority for members;
C. To provide an opportunity for continuous study and action on problems of the profession;
D. To provide a means of representation for its ethnic-minority members;
E. To promote professional attitudes and ethical conduct among members;
F. To encourage cooperation and communication between the profession and the community; and
G. To foster good fellowship among members.
III. AFFILIATION WITH THE CTA/NEA
A. The Rocklin Teachers Professional Association shall be a chartered chapter of the California Teachers Association (CTA).
B. The Rocklin Teachers Professional Association shall be an affiliated local association of the National Education Association (NEA).
A. Categories of Membership. There shall be categories of membership in the Association: Active, and Associate.
Active membership shall be open to any person who is engaged in or who is on limited leave of absence from professional educational work, is an employee of Rocklin Unified School district, and whose primary assignment is such as not to hold supervisory responsibility over other certificated employees to such an extent as not to be represented in the negotiations process by the teacher bargaining unit. (If further options for membership classes are necessary to fit local needs, refer to page 9)
B. Membership may be granted upon initiation of payroll deduction or upon payment of annual Chapter/CTA/NEA dues appropriate to the class of membership.
C. The right to vote and to hold elective office or appointive position within the Association shall be limited to Active members.
D. Active members shall be eligible to vote in all elections, hold elective office or appointive position, receive special services, obtain assistance in the protection of professional and civil rights, and receive reports and publications of the Association.
E. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.
F. Active members shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and privileges of membership shall not be abridged in any way because of age, sex, race, color, ethnic group, marital status, national origin or sexual orientation.
H. No member of the Association may be disciplined without a due process hearing which shall include the established appellate procedure.
I. The membership year shall be that period of time from September 1 of any given calendar year through August 31 of the following calendar year, inclusive.
V. DUES, FEES, AND ASSESSMENTS
A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and the dues of NEA.
B. The Association’s portion of the basic annual dues, and the representation fee for non-members, shall be established by action of the Representative Council at the last regular meeting of the school year.
C. The chapter (local) shall apportion any negotiated representation fee or organizational security fee on the same percentage basis as the full Chapter/CTA/NEA dues.
D. Membership in a given class or category shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for that class or category. If by October 31 of any calendar year a member has not either paid the established annual membership dues for the current membership year, or made satisfactory arrangements for payment, then that person’s membership shall be considered delinquent and the name dropped from the rolls.
VI. POLICY-MAKING BODY
A. The policy-making body of the Association shall be a Representative Council. The Representative Council, comprised of Active members of the Association, derives its powers from and shall be responsible to the Active membership.
B. The Representative Council shall be composed of the following Active members:
1. Executive Board, ex-officio;
2. Faculty Representatives elected on the basis of one-person one-vote;
3. The following additional representatives (at the Association’s discretion, which might include):
a. (Elected Service Center Council Representative(s), when not already serving on the Representative Council in another capacity);
b. (Committee Chairpersons, ex-officio non-voting);
c. (CTA State Council Representatives, if any); and
d. (Any members of the Association who hold CTA/NEA offices or committee appointments, ex-officio non-voting.)
C. The Representative Council shall:
1. Establish Association policies and objectives;
2. Adopt the annual budget of the Association on or before the first meeting of the school year;
3. Approve the establishment or discontinuance of committees recommended by the Executive Board; and
4. Establish the dues of the Association.
D. The Representative Council shall meet at least once during each school month; the number, place and time of meetings to be decided by the Executive Board.
E. Special meetings of the Representative Council may be called by the President, the Executive Board, or by the petition of twenty percent (20%) of the Active membership.
F. Special meetings of the Representative Council shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.
G. Notices and agendas for all meetings of the Representative Council shall be sent to all members of the Representative Council at least two days prior to the date of the meeting.
H. For emergency meetings of the Representative Council during crisis situations, the Executive Board shall adopt procedures to notify representatives of meeting dates, places, and times.
I. A quorum for all meetings of the Representative Council shall consist of a majority of all voting members of the Representative Council.
J. Members of the Representative Council shall serve a term of one (1) year and may be re-elected with no term limits. (EXCEPT FOR THE CTA STATE COUNCIL REPRESENTATIVES WHO’S TERMS ARE SET BY CTA.)
VII. FACULTY REPRESENTATIVES
A. Faculty representatives shall be elected by and from the Active membership for each faculty group. Such election shall be by open nominations and by secret ballot.
B. Each faculty shall be entitled to at least one representative and shall have one (1) representative for each fifteen (15) Active members on the faculty, or major fraction thereof.
C. Active members who are not represented through an individual school faculty group shall be counted as a special faculty group entitled to the same representation on the Representative Council as individual school faculty groups. (Where school district organizational structure does not make a single grouping convenient, then adapt to two or more groups, as your local situation requires.)
D. Vacancies: Vacancies in the office of Representative for whatever cause may be filled by properly elected replacements.
E. Faculty Representatives shall:
1. Conduct constant and ongoing liaison between the Representative Council and the Active members of the faculty unit;
2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between the Association and the members;
3. Represent the views and input of the Active membership of the faculty in votes taken in the Representative Council, conducting frequent and regular polls of such membership for this purpose; and
4. Perform such additional duties as prescribed by the Executive Board.
F. A Faculty Representative may not conduct an election in which he/she is a candidate.
A. The officers of the Association shall be a President, a Vice- President, a Secretary, and a Treasurer.
B. These officers shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in their respective positions during their terms of office.
C. These officers shall be elected by and from the Active membership of the Association. Such election shall be by open nominations and secret ballot.
D. Officers shall be elected for a term of one (1) year, commencing on July 1 of any calendar year.
E. A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. If there is a vacancy occurring in the office of the President, the Vice-President shall assume the office. In the event a vacancy occurs in the other offices, a special election shall be held to elect successors to fill the unexpired terms.
F. The President shall be the chief executive officer of the Association and its policy leader.
The President shall:
1. Preside at all meetings of the Association, the Representative Council and Executive Board;
2. Prepare the agenda for the meetings of the Association, the Representative Council and the Executive Board;
3. Be the official spokesperson for the Association;
4. Be familiar with the governance documents of the Association, CTA, and NEA;
5. Appoint all chairpersons and members of committees, and of the bargaining team, with the approval of the Executive Board;
6. Call meetings of the Association and the Executive Board;
7. Suggest policies, plans and activities for the Association and be held responsible for the progress and work of the Association;
8. Attend meetings of the Service Center Council of which the Association is a part; and
9. Attend other CTA/NEA meetings as directed by the Representative Council.
G. The Vice-President shall:
1. Serve as assistant to the President in all duties of the President;
2. Assume the duties of the President in the absence of the President;
3. Be responsible for the formation and distribution of the Association’s calendar of activities; and
4. Serve as coordinator of committee activities at the direction of the President.
H. The Secretary shall:
1. Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association, Representative Council, and the Executive Board;
2. Be responsible for the distribution of minutes, notice of meetings, and agendas for all meetings to members of the Representative Council and Executive Board; and to the membership when appropriate;
3. Keep an accurate roster of the membership of the Association and of all committees; and
4. Carry on the correspondence pertaining to the affairs of the Association as directed by the President; and
I. The Treasurer shall:
1. Receive all funds belonging to the Association and be responsible for their safekeeping and accounting;
2. Pay out such funds upon orders of the President;
3. Prepare a written financial report for each regular meeting of the Representative Council and Executive Board;
4. Be responsible for an annual audit of the books of the Association and distributing a summary of this audit to the membership; and
5. Submit membership and financial reports to CTA, NEA, and other agencies as required by law.
IX. EXECUTIVE BOARD
A. The Executive Board shall be composed of the officers.
B. All members of the Executive Board shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in this position.
C. The Executive Board shall meet before each regular meeting of the Representative Council and at such other times as the President may deem necessary, or upon written petition of a majority of the members of the Executive Board.
D. The duties of the Executive Board shall be to:
1. Coordinate the activities of the Association;
2. Act for the Representative Council when school is not in session;
3. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Representative Council;
4. Approve appointment and removal of bargaining team members by a 2/3 majority vote;
5. Recommend a budget for the Association to the Representative Council;
6. Approve Committee appointments;
7. Adopt the Standing Rules for the Association; and
8. Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions that may be imposed by the Representative Council.
E. A quorum for all meetings of the Executive Board shall consist of a majority of the members of that body.
X. MEETINGS OF THE GENERAL MEMBERSHIP:
A. Meetings of the Association may be called by the President, the Executive Board, or by written petition of twenty percent (20%) of the Active membership.
B. Notices of the Association meetings including date, place, time, and purpose of the meeting shall be made available to all members of the Association at least two days before the meeting except during crisis situations.
C. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places and times.
D. A quorum for meetings of the Association shall be: (a majority of the Active membership, or percentage of the Active membership.)
XI. BARGAINING TEAM
D. The Executive Board, by two-thirds (2/3) majority, may remove a member of the Bargaining Team.
E. The duties of the Bargaining Team are to represent and to bargain for the bargaining unit(s).
F. Responsibility and authority for directing the bargaining process on behalf of the Association are vested in the Executive Board subject to policies established by the Active membership.
G. Employees in each appropriate bargaining unit shall be surveyed to determine contents of the proposed contract demands, and the contract proposal for each appropriate unit shall be approved by Active members in that unit.
H. The Bargaining Team shall report its activities to the Executive Board in such form and with such frequency as the Executive Board may require.
I. The Executive Board shall provide for the dissemination of information regarding bargaining and the activities of the Bargaining Team to the general membership.
J. Agreements reached between the Bargaining Team and the school board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the Active membership in the appropriate units unless such ratification shall have been specifically waived or otherwise delegated by that membership.
XII. GRIEVANCE PROCESSING
A. The Executive Board shall adopt, with the approval of the Representative Council, the procedures for grievance processing.
B. These procedures shall include, but not be limited to, the following:
1. Provide for representation to assist all members of the bargaining unit(s) in processing grievances;
2. Training for handling grievances; and
3. Evaluation of the Association’s grievance policies and procedures.
XIII. REPRESENTATION POLICY
A. It shall be the policy of the Rocklin Teacher’s Professional Association
(RTPA)/CTA/NEA to represent all employees in the bargaining unit
consistent with applicable law and its duty of fair representation.
B. Members of the bargaining unit shall be represented in good faith
without discrimination or arbitrary conduct regardless of organizational
membership, classification, gender, age, race, color, creed, religion, sexual
preference/orientation or political belief.
C. RTPA representatives will be familiar with all aspects of the collective
bargaining agreement and shall endeavor to counsel and advise members of
the bargaining unit based on their knowledge and experience.
D. Complaints will be investigated in a careful fashion.
E. RTPA will make a good faith effort to observe all applicable grievance
filing and processing deadlines while maintaining complete case records. To
the degree possible, RTPA will similarly advise the bargaining unit member of
his/her responsibilities in observing time limits and maintaining records.
F. RTPA will promptly notify the bargaining unit member concerning RTPA
decisions on his/her complaint or grievance and shall discontinue RTPA
representation in a case only for proper reasons.
G. RTPA will promptly notify the bargaining unit member concerning
reasonable offers of settlement of a complaint or grievance that do not
compromise the collective bargaining agreement and will offer the
bargaining unit member the opportunity to discuss such settlements with
representatives of the RTPA before taking action.
H. In all cases of representation, the RTPA will represent the bargaining
unit member fairly and diligently. At the bargaining unit member’s request
and at no cost to RTPA, RTPA shall consider input provided by a bargaining
unit member’s private counsel. RTPA however, shall maintain exclusive
responsibility for the conduct and control of any aspect, including arbitration,
of a matter raised under the collective bargaining agreement.
I. Cases approved for arbitration will be presented in a competent, reasonable
and thorough fashion.
J. No grievances shall be arbitrated by the RTPA without the specific written
approval of the Executive Board subject to the appeal procedure outlined below.
K. All representation commitments, including the decision to arbitrate, shall be based on a substantive assessment of the merits of the case, and the impact on the individual, the bargaining unit, and the RTPA.
L. Should the Executive Board not approve a case for arbitration, the bargaining
unit member shall be promptly informed in writing and provided a copy of this policy.
M. The unit member shall then have the right to submit a written appeal to a
select committee of RTPA headed by the Grievance Chair within 10 days of being
informed of a decision not to arbitrate.
N. The RTPA Site Representative Council shall provide the appellant the
opportunity to address the RTPA Site Representative Council and/or provide relevant information and documents. The appellant shall have the obligation to provide the Site Representative Council any materials in his/her possession relative to the case in question.
O. Decisions of the RTPA Site Representative Council shall be made in a timely
fashion, reduced to writing, and communicated to the appellant and shall include
a statement of reasons. Decisions of the RTPA Site Representative Council shall be final.
P. While appeal procedures are in progress, the Association will protect all
applicable filing deadlines.
XIV. NOMINATIONS AND ELECTIONS
The chapter president must provide Active members an opportunity to vote in all elections.
Chapter presidents do not have the option of deciding that such elections shall not be held except for NEA-RA Local Delegate elections where, following a period of open nominations, voting may be waived if the number of candidates is equal to or less than the number of positions to be filled and the affiliate has adopted a governing provision or election policy allowing such a practice.
A. There shall be an appointed Elections Committee.
B. Elections shall be conducted with:
1. Open nomination procedure;
2. Secret ballot;
3. All Active member vote;
4. Record of voters receiving or casting ballots;
5. Majority vote, unless otherwise specified.
C. State Council Representative elections shall be conducted in accordance with CTA guidelines after the chapter or service center council has been notified to do so by the CTA Elections Committee.
D. NEA State Delegate elections shall be conducted in accordance with CTA guidelines.
E. NEA Local Delegate elections shall be conducted in accordance with NEA/CTA guidelines.
F. The duties of the Elections Committee shall be to:
1. Ensure that all chapter/CTA/NEA election codes and timelines are followed;
2. Establish election timelines;
3. Develop and carry out timelines and procedures;
4. Prepare ballots for election of officers and such other elections as may be necessary;
5. Count the ballots and certify the results;
6. Handle initial challenges.
A. Committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to approval by the Representative Council.
B. Each committee shall submit periodic reports to the Executive Board and Representative Council.
XV. PARLIAMENTARY AUTHORITY
Robert’s Rules of Order, Newly Revised, latest edition, shall be followed at all meetings of the Association, the Representative Council, and the Executive Board.
XVI. RTPA POLITICAL ACTION COMMITTEE (RTPAPAC)
A. The purpose of the RTPAPAC is to inform members of legislation, and the
positions of elected officials and candidates that may affect the members’
classrooms, working conditions, rights and benefits and to serve as a voluntary
funding structure through which members of the Rocklin Teachers Professional
Association (RTPA/CTA/NEA) may give direct and indirect financial
contributions to support or oppose candidates for local, non-partisan elective
office, and/or local issues as are deemed worthy of support (or opposition) from
the standpoint of educational issues and without regard to partisan consideration.
B. RTPAPAC shall consist of the chairperson, treasurer and one member from
elementary, one member from middle school and one member from the high
school. Members shall be appointed by the President with approval of the
C. The RTPAPAC shall draft and adopt and may amend standing rules for
its operation and the endorsement of, and/or making direct and indirect financial
contributions to candidates for local non-partisan office and/or in support
(or opposition) of local issues. The standing rules, procedures for expenditures,
and any amendments shall be approved by the Representative Council.
D. Funding of RTPAPAC shall be by negative dues check off and voluntary
contributions. Member contributions shall be kept in a segregated account.
Authorized monthly payroll deductions shall remain in effect until revoked in
These Bylaws may be amended by a two-thirds (2/3) vote of the representatives at any regular or special meeting of the Representative Council. Notice in writing of a proposed Bylaws amendment shall have been submitted to the Secretary and provided to members of the Representative Council at the meeting preceding the one at which it is to be voted upon.
NOMINATIONS AND ELECTIONS
A. Elections Committee
1. There shall be an Elections Committee.
2. The Elections Committee and Chairperson shall be appointed by the president and approved by the appropriate governance body to which it is responsible.
3. The Committee shall be composed of at least three members who are not on the Executive Board, who are familiar with the unit operations, and who are not seeking election.
4. The Elections Committee is charged with ensuring that elections are conducted in a fair and impartial manner.
5. A member shall abstain from participation in Elections Committee activities during the period in which s/he or her/his immediate family member is a candidate.
B. Election Requirements
1. The chapter shall ensure that an open nomination procedure is in place (i.e., any member may nominate any member, including himself or herself). The only qualification for office shall be Active membership in the chapter.
2. Every Active member shall be assured of voting by secret ballot.
3. There shall be at least a fifteen (15) day period between notice of election and the actual voting.
4. There shall be an all Active member vote. A member who is off-track shall be sent election information by mail to his/her last known residence.
5. A chapter shall provide means for all Active members to vote (including vote by mail), and it shall be the responsibility of the member to notify the chapter if s/he desires a ballot at a site other than the regularly scheduled voting place.
6. An Active member shall acknowledge receipt of a ballot by signature on a registration sheet at the time of issuance of the ballot or on an envelope when returning the voted ballot.
If a roster of Active members is prepared for a school site ahead of time, initials of the member may be accepted.
1. The announcement of election shall include the offices, length of terms, and the election timeline.
2. The announcement shall be publicized in a manner that ensures every member has an opportunity to file a declaration of candidacy.
1. Schools on alternative calendars shall be considered when setting election timelines.
2. The timeline for the election shall include dates for:
a. Time, date, and place where declarations of candidacy are to be received. Literature shall include information that date is receipt date and not postmark date.
b. Date for acknowledgment of declarations from candidates.
c. Date for preparation of ballots.
d. Date on which ballots will be distributed.
e. Date(s) when voting will take place.
f. Deadline date, time and place for return of ballots, (date received, not post-mark date).
g. Date, time and place where ballots will be counted.
h. Date(s) that announcement of results will be made to leadership, candidates and members.
i. Dates and timelines for run-off election, if necessary.
j. Deadline for filing of challenges (date received, not post-mark date).
E. Finances and Use of Unit Resources
1. Chapter monies received through dues, assessment or similar levy shall not be used to promote any candidate.
2. A candidate may not accept direct contributions from a chapter’s treasury or indirect contributions in the form of use of a chapter’s assets, facilities, staff, equipment, mailings, good will and credit.
3. A unit may not state or indicate its preference for a candidate in the unit’s publications.
4. The official logo of the unit or official Association title may not be used in a way that suggests that the candidate has the support of the unit, CTA, or any of its affiliates.
F. Candidate’s Rights
1. Privileges extended to one candidate shall be extended to all candidates.
2. Each candidate shall receive a copy of the election timeline, procedures and guidelines.
3. Each candidate shall have the right to a list of the name and address of school sites and the number of Active members at each site for the purposes of campaigning.
4. Each candidate shall be treated in a fair and equitable manner in the printing and distribution of campaign statements.
1. The names of the candidates shall be printed on the ballot in CTA alphabetical order. The name of each candidate shall be as printed on the declaration of candidacy. When a candidate’s last name is hyphenated, the name before the hyphen shall be used for placement on the ballot.
2. The ballot shall state the name of the office, the term, and the names of the candidates.
3. The ballot shall include space for a write-in candidate, except in run-off elections.
H. Distribution of Ballots and Method of Voting
1. Each member shall receive a ballot.
2. Voting shall be by one or a combination of the following methods:
a. At School Site/Specified Voting Site
If a Site Representative is a candidate, refer to A. Elections Committee, 6.
1) Voting At School Site(s)/Specified Voting Site
a) Each voter must sign or initial a voter roster/sign-up sheet before receiving a ballot.
(1) Voter Roster – List of eligible voters.
(2) Voter Sign-up Sheet – List of eligible voters which includes a place for a signature.
b) The marked ballot must be returned to a designated site representative or ballot box.
c) Site representatives must return all voter roster/sign-up sheets and ballots to the Elections Committee by the designated date and time.
d) Active members who are off-track or on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.
2) Voting At School Site(s)/Specified Voting Site Using Envelopes
When voting is conducted at school or specified sites using envelopes, the procedure shall be as follows:
a) A list of current Active members shall be prepared, which includes each member’s name and school address.
b) The voter shall be provided with the following:
(1) A ballot;
(2) Instructions on folding of the ballot in the inner envelope; placement of the ballot in the unsigned inner envelope; signature on the outer envelope; and deadline date for receipt of the voted ballot at the chapter office;
(3) A small envelope (inner envelope) in which to place the voted ballot; and,
(4) A larger envelope (outer envelope) addressed to the chapter, on which the voter prints and signs his/her name.
c) At the time of counting of the ballots, the names on the outer envelope shall be checked against the official list of voters. The name on the official list shall be marked to show that the voter has returned a ballot.
d) The outer envelope shall then be opened and put in a separate stack for safekeeping as a record of voters.
e) All inner envelopes shall be placed in a separate receptacle.
f) The inner envelopes shall be slit and the ballots removed from the envelopes, stacked and then counted.
g) Active members who are off-track or on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.
b. By mail
When the voting is conducted by mail, the procedure shall be as follows:
Active members who are off-track or on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.
Special care should be taken in all phases of handling of ballots to ensure the accuracy and the secrecy of voting by mail. The following procedures and guidelines have been developed for this situation:
1) A list of current Active members shall be prepared, which includes the following: name, school and home address.
2) The mailing list shall exactly correspond to the current official roll of voting members.
3) Each voter shall be provided with:
a) A ballot;
b) Instructions on:
(1) Folding and placing of the ballot in the unsigned inner envelope;
(2) Placing of the unsigned inner envelope into the outer envelope;
(3) Signature and school on the outer envelope addressed to the chapter; and
(4) Deadline date for receipt of the voted ballot at the chapter office.
c) Inner envelope;
d) Outer return envelope, addressed to the chapter.
4) The ballot shall be date stamped when it is received in the chapter office and then put in a safe place until the votes are to be counted.
5) At the time of counting, the names on the outer envelope shall be checked against the official list of eligible voting members.
6) The outer envelopes shall then be opened and put in a separate stack for safekeeping as a record of voters.
7) All inner envelopes shall be placed in a separate receptacle.
8) The inner envelopes shall be slit and the ballots removed from the envelopes, stacked, and then counted.
I. Vote Requirement
All vote requirements shall be established in accordance with CTA guidelines. Unless otherwise specified, all elections shall be decided by majority vote. Write-in votes are valid and must be counted.
1. A majority vote means more than fifty percent (50%) of the legal votes cast.
2. A plurality vote means the largest number of votes to be given any candidate or issue.
3. A two-thirds (2/3) vote means at least two thirds (2/3) of the legal votes cast.
4. For unit officers, the election will be by majority.
5. For State Council: [See the Election Timelines, Procedures, and Guidelines in section IV-9.2 of the CTA Elections Manual.]
- If a unit is a single electoral district or a multiple unit electoral district, the election for State Council Representative will be by majority vote.
- If the unit is within a multiple unit electoral district, results must be sent to the Service Center Council Elections Committee to determine if a candidate has received a majority vote.
7. For NEA Local Delegates, the election will be by majority or plurality vote, as defined in the unit's governance documents. Results must be sent to the CTA Governance Support Department and to the Service Center Council.
8. An election for NEA Delegates may be waived and the candidate(s) declared elected if, following a period of open nominations, the number of candidates is equal to or less than the number of delegate positions to be filled. An affiliate utilizing this provision must have adopted a governing provision or election policy allowing such a practice. This election practice will not generate successor delegates unless the nomination process requires candidates for both regular and successor delegate positions.
9. For NEA State Delegates, the election will be by majority or plurality vote as defined in the unit's governance documents. Successor delegates (alternates) are ranked in the order of votes received. Results must be sent to the Service Center Council, which will forward the results to CTA.
10. For additional CTA/NEA election guidelines refer to the official CTA Elections Manual.
J. Counting of Ballots
1. Upon receipt of ballots, tally sheets and signature sheets, the Elections Committee shall count the ballots in a secure area with only the Elections Committee members and observers present.
2. The Elections Committee shall count valid ballots and set aside any ballot(s) on which there is a question, such as:
a. Blank ballot;
b. More ballots than signatures;
c. Ballot submitted after deadline;
d. Voter not an Active member;
e. Voter’s intent unclear;
f. Votes cast for more than number allowed;
g. Vote cast on unofficial ballot;
h. Vote cast for ineligible candidate.
3. The Elections Committee shall make a determination on whether the vote(s) in each category should be counted, and make a note of the decision. Each category of ballot shall be kept separate.
4. The Elections Committee shall prepare the Final Report, recording the following information:
a. Total number of ballots cast.
b. The number of set aside ballots with an explanation for each category of ballot not counted.
c. The number needed to win or pass.
d. The number of votes received by each candidate or issue.
e. A notation whether the set aside votes would affect the outcome.
f. Signature of each Elections Committee member present during the preparation of the report.
5. The Elections Chair shall submit the Final Report to the President or designee who shall inform all candidates of the results.
6. The President shall announce the results as prescribed by the timelines.
7. If the votes set aside could affect the outcome of the election, the Presidentand the appropriate body shall decide:
a. to count the votes which have been set aside;
b. not to count the votes which have been set aside; or
c. if the election should be conducted again.
8. Any candidate who may be affected by the vote shall not be allowed to take part in the decision-making process.
9. The ballots and voter sign-up sheets shall be retained for one year after the election.
1. Each candidate shall be allowed to have an observer(s) (put appropriate number if more than one) at the vote counting site and shall give the name(s) of the observer to the Elections Committee before counting.
2. An observer shall not interfere with the counting and shall stay in the counting area until the President or designee has been notified of the results.
L. Challenge Procedure
1. A challenge cannot be initiated until after the results of the elections have been posted at each work site.
2. The challenging party(ies) must notify the unit president of a challenge in writing within ten (10) days after the announcement of the results of the election.
The notification must:
a. Specify which requirement has been violated.
b. Include evidence, insofar as possible.
c. List names and addresses of parties who can give evidence.
3. Within ten (10) calendar days after receipt of the challenge, the unit Elections Committee shall, in accordance with the unit's bylaws and standing rules, conduct an investigation and determine whether:
a. The challenge alleges a violation of the unit’s elections requirement.
b. The challenge is supported by appropriate documentation.
c. More information is needed, in which case, the information will be obtained via the most feasible method.
d. The alleged violation may have affected the outcome of the election.
4. The Elections Committee shall submit a report including issues and recommendations to the Chapter President and the Chapter Board of Directors/Executive Board. The Governance Board shall act on the report immediately at its first opportunity.
5. If an individual wishes to appeal the decision of the governance body of the unit, or if the governance body fails to act, he/she may file an appeal within ten (10) calendar days from the date of the filing of the challenge by writing to the CTA President.
6. The challenge procedure for election of State Council Representatives and Alternates, and State or Local Delegates to the NEA Representative Assembly is outlined in the CTA Elections Manual.
M. Initiative Procedures
1. The Active membership shall have the authority to make decisions on any matters affecting the Association or its activities through the initiative process.
2. An Active member shall file a notice of the intent to circulate a petition with the chapter president by including a copy of the petition to be circulated, and the names of at least three persons supporting the proposed measure and responsible for its circulation.
3. The chapter president shall register the receipt of the notice of the intent to circulate, and acknowledge such registration in writing with the member filing the notice.
4. The timeline for gathering signatures will commence the day that the notice of intent is registered. A maximum of 45 school days shall be permitted to obtain the signatures of at least 10 percent or more of the Active members of the chapter. The petition shall contain the question proposed to be placed on the ballot.
5. The circulators shall present to the chapter president the petition(s) containing original signatures.
6. The chapter president shall have 5 school days in which to verify the membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by mail of the number of signatures needed to qualify the petition. The petition circulator shall have an additional 7 school days in which to gather and submit the necessary signatures. The chapter president shall have 3 school days in which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the members no less than 15 school days after verification of membership, provided that the period that school is officially not in session shall not be included in this count.
9. Regular election procedures (e.g., election of officers) shall be followed including voting times.
10. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.
N. Referendum Procedures
1. Any action or proposed action of the Representative Council or the Executive Board shall be referred to a vote of the Active membership upon two-thirds vote of the Representative Council at any valid meeting.
2. The referendum action shall prescribe the exact wording of the question to be posed to the Active membership on the ballot.
3. The chapter president shall cause a ballot to be furnished to the Active members no less than 15 school days after action by the Representative Council, provided that the period that school is officially not in session shall not be included in this count.
4. Regular election procedures (e.g., election of officers) shall be followed including voting times.
5. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.
O. Recall Procedures
1. The Active membership shall have the authority to recall from office any person or persons having been elected thereto by the chapter’s Active members.
2. An Active member shall file a notice of the intent to circulate a petition to recall with the chapter president by including a copy of the petition to be circulated, and the names of at least three persons supporting the proposed recall and responsible for its circulation. If the proposed recall is for the person holding the office of president, the request shall be made to the next ranking officer.
3. The chapter president shall register the receipt of the notice of the intent to circulate, and acknowledge such registration in writing with the member filing the notice.
4. The timeline for gathering signatures will commence the day that the notice of intent is registered. A maximum of 60 school days shall be permitted to obtain the signatures of at least 25 percent or more of the Active members of the chapter. The petition shall contain the question proposed to be placed on the ballot.
5. The circulators shall present to the chapter president the petition(s) containing original signatures.
6. The chapter president shall have 10 school days in which to verify the membership of the signers of the petition.
7. If there are insufficient signatures, the petition circulator shall be notified by mail of the number of signatures needed to qualify the petition. The petition circulator shall have an additional 15 school days in which to gather and submit the necessary signatures. The chapter president shall have 5 school days in which to verify the membership of the additional signers.
8. The chapter president shall cause a ballot to be furnished to the Active members no less than 20 school days after verification of membership. The period that school is officially not in session shall not be included in this count.
9. Regular election procedures (e.g., election of officers) shall be followed including voting times.
10. Any necessary supplementary rules governing recall that are not in conflict with the foregoing may be adopted and published within the same publications and by the same manner as are prescribed for other elections within the Association.