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MUTA Bylaws

ARTICLE I
Elections

Section 1: The President shall appoint an Election Committee and Chairperson and a Nominating Committee and chairperson, subject to the approval of the Executive Board, to conduct elections and nominate members for office.

Section 2: The Nominating Committee shall be appointed in September. The Election Committee shall be appointed in January. It shall be the duty of the Nominating Committee to present the list of nominees to the membership at the March Representative Council meeting. Nominations will be accepted from the floor at that time. The Election Committee shall conduct the election of officers prior to April 15 of each year. The elections shall be by secret ballot of the General Membership.

Section 3: The Executive Board shall have the power to make all the necessary rules for carrying out the election.

Section 4: Faculty Representatives shall be elected by open nominations and secret ballot by and from the active members who are assigned to that faculty. Upon resignation of the Representative, a new election shall be held at the school site.

Section 5: Notification of offices open for election, nominating procedures, and election timelines shall be distributed to all members and posted in all customary and appropriate locations.

Section 6: A chapter shall not discriminate against its active members in their right to vote, seek office, or otherwise participate in the affairs of the Chapter, the CTA, or the NEA.

Recall Elections

Section 1: A recall of any person in an elected position may be initiated by a petition signed by one-third (1/3) of the active membership of his/her particular constituency. A statement of the reasons for the proposed recall shall be part of the recall petition.

Section 2: Each person named in the recall petition shall have the right to make a rebuttal statement that shall be distributed to his/her constituency at least seven (7) days before the election.

Section 3: Recall elections shall be by secret ballot.

Election of Mentor Teacher Nominating Committee

Section 1: Election of MUTA members on the Mentor Teacher Nominating Committee, as specified in the contract, shall be held in April. Election shall be for a three-year term. Should a vacancy occur between elections, the President of the Association may appoint a new committee member to serve until the next election in April. The newly elected member will then serve out the vacated term.

ARTICLE II
Terms and Duties of Officers

Section 1: The officers of the Association shall be a President, First Vice-President, the Recording and Corresponding Secretary (one position) and the Treasurer, for a total of four elected positions. (Effective July 2001)

Section 2: Offices shall be elected for a term of two years, commencing on July 1 of any calendar year.

Section 3: A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. In the event of a vacancy occurring in the office of the President, the First 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.

Section 4: President

1. Serves as official spokesperson of the Chapter and presides over all Association meetings, i.e., Executive Board, Representative Council, General Meetings, and guides the planning of goals and activities of the Association.
2. Coordinates the activities and program of the Association.
3. Is informed of the Constitution, By-Laws, and Standing Rules of the Association.
4. Appoints committees and committee chairpersons with the advice and consent of the Executive Board.
5. Promotes the interests and purposes of the Association.
6. Is an ex-officio member of all committees.
7. Shall authorize all checks drawn upon the Association treasury.
8. Shall have special interest in the following:
   1. Finance Committee
   2. Bargaining Team
   3. Professional Rights and Responsibilities
9. Shall attend additional MUTA meetings as directed by the membership.

Section 5: First Vice-President

1. Shall serve as assistant to the President in all duties of the President.
2. Shall assume the duties of the President in the absence of the President.
3. Shall be responsible for the formation and distribution of the Association’s calendar of activities.
4. Shall serve as coordinator of committee activities as needed in the following committees:
   1. Public Relations
   2. Communications (Internal)
   3. Scholarship
   4. Curriculum and Instruction
   5. Organizing
   6. Hospitality
   7. Human Rights
   8. Retirement
   9. Special Services
   10. Membership
5. Shall serve as Building Rep Coordinator.
6. Shall act as host or hostess for the Association.
7. Shall be in charge of programs designated by the Executive Board and President.
8. May be given special assignments by the President or Executive Board.

Section 6: Secretary (Recording and Corresponding)

1. Keeps an accurate permanent record of the minutes of the Association meetings and furnishes a copy to the President and Treasurer.
2. Assists the President in preparing the agenda for each meeting.
3. Submits to the President in writing after each meeting of the Executive Board or of the Association, a list of jobs to be done and actions to be taken.
4. Maintains all supplies for the Association.
5. Keeps file of communications received, copies of letters sent, copies of reports, roster of committee personnel and true copy of the Constitution, By-Laws, Standing Rules, and Articles of Incorporation.
6. Distributes all notices of regular and special meetings of the Association and election materials.
7. Carries on the correspondence of the Association.
8. Completes or arranges for the completion of all forms, reports, and questionnaires requested from the State and National associations.
9. Notifies officers, committees, delegates of their appointments and of meetings, unless others are specifically delegated this responsibility.
10. Notifies absentees from Association meetings about assignments given them and a copy of any material handed out at meetings.

Section 7: Treasurer

1. Receives, protects and cares for, and disburses all funds of the Association as duly authorized, and maintains an accurate accounting of same.
2. Assists in preparing the budget and dues schedule for the year and serves as financial advisor to the Association.
3. Submits an annual financial report to the Association and prepares such other reports as may be required.
4. Forwards State and National dues for cash members to CTA for distribution.
5. Keeps an itemized account of receipts and expenditures.
6. Keeps a balanced checking account for the Association and reports monthly at the Representative Council meeting the actual balance in the account and the total number of members in the Association.
7. Pays all authorized bills.
8. Prepares books for audits no later than September 1 of each year.

ARTICLE III
Executive Board

Section 1: The composition of the Executive Board shall be in accordance with Article VII of the Constitution.

Section 2: The duties of the Executive Board shall be to:

1. Coordinate activities of the Association.
2. Act upon matters of business that arise between the regular meetings of the Association.
3. Make recommendations to be acted upon by the membership.
4. Fill committee vacancies that may arise between elections.
5. Propose the annual budget and submit it to the General Membership.
6. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Representative Council.
7. Approve Presidential appointment of committee chairpersons.
8. Oversees the collection of funds and dues by the Treasurer.
9. Appoint a certified public accountant or an internal committee to audit the financial records. The audit shall be completed by November of each year.
10. Make any recommendations necessary to the Representative Council.
11. Execute all programs and policies authorized by the Representative Council and not officially delegated to any other agency of the organization.

ARTICLE IV
The Representative Council

Section 1: The composition of the Representative Council shall be in accordance with Article VIII of the Constitution.

Section 2: The duties of the Representative Council shall be:

1. The policy-making body of the Association.
2. Act on all matters affecting the welfare or interests of the members of the Association not otherwise specifically delegated to the Executive Board.
3. Approve the annual budget, recommending expenditures not provided for.
4. Recommend the local dues.
5. Approve Presidential appointments to the Bargaining Team and the Grievance Committee.

Section 3: The faculty representatives shall be elected or may volunteer for a term of one (1) year and must be members of the Association at the time they are elected and remain so during their term of office. They shall be elected in May of each year and shall assume their responsibilities at the first meeting of the school year.

Section 4: Representatives shall be based on a ration of one (1) per fifteen (15) members of major fraction thereof. No faculty shall have fewer than one (1) representative.
Only elected representatives may vote; however, any Association member may attend the Representative Council meetings.

Section 5: The faculty representative:

1. Represents his/her school when voting in Representative Council.
2. Assists in membership drives in his/her school.
3. Keeps and maintains an accurate list of members in his/her school including current addresses and phone numbers.
4. Acts as a communicator of facts and information between the Association and his/her school.
5. Acts as Association representative, if asked, in grievance cases involving teachers at his/her school.
6. Attends Association meetings on behalf of his/her school.
7. Carries out and conducts polls, balloting and surveys of the Association members in his/her school.
8. Carries out the purposes of the Association.
9. The faculty representative shall vote on all matters assigned to them in Article IV, Section 2, of the Association By-Laws.

If, at a Representative Council meeting, there is some question as to whether an issue should be voted on by the Representative Council or the General Membership, a vote shall be taken of the Representatives present to determine if the General Membership must vote on the issue or if the Council shall be charged with voting on the issue. A simple majority of those voting by roll call shall carry the motion.

ARTICLE V
Dues

Section 1: The basic annual dues level for active members shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and the dues of NEA.

Section 2: Local dues will be adjusted for each succeeding year commensurate with the percentage of adjustment to the salary schedule using the 1997-98 annual dues of $77.50 as the baseline.

Section 3: Additional references: Standing Rule #7.

ARTICLE VI
Chapter Committees

Section 1:There shall be the following committees:

• Professional rights and Responsibilities (Grievance)
• Finance
• Human Rights
• Scholarship
• Political Activities
• Bargaining Team
• Curriculum and Instruction
• Special Services
• Public Relations
• Retirement
• Membership
• Organizing for Bargaining
• Communication (Internal)
• Hospitality

Section 2:The committee chairperson shall be appointed by the President with the approval of the Executive Board. Each committee chair shall select members to be affirmed by the Executive Board.

Section 3:The Chapter Committee Chairperson

1. Shall assume the responsibilities for carrying out the goals of the Association pertinent to that committee.
2. Shall keep members of the Association informed and up-to-date on any developments in field of specialty through reports, bulletins, or newsletters.
3. Shall act on matters when authorized by the Representative Council, Executive Board, or President of the Association.
4. Shall attend workshops pertaining to specialty whenever possible, at chapter expense.

Section 4:Grievance Committee

1. The Grievance Committee shall promote understanding and practice of professional conduct. It shall interpret the contract agreement between the Association and the District according to the Association’s understanding of the intent of the contract. The committee shall represent the Association in the enforcement of the contract.
   
   It shall provide representatives to assist members of the bargaining unit represented in processing grievances.
   
   It shall represent the Association at grievance proceedings whenever a member of the bargaining unit is processing a grievance without the assistance of the Association.
   
   It shall inform the President on the progress of any grievance being processed.
   
   
2. This committee shall be composed of five (5) members as follows: one (1) member from the secondary level, one (1) member from the intermediate level, and two (2) members from the elementary level one of which should be from the primary level. All members of the committee must be classified as permanent employees of the Marysville Joint Unified School District.

Members of this committee shall be appointed by the President and recommended by the Executive Board with ratification by the Representative Council.

3. The Grievance Committee shall:
   1. Make recommendations to the Executive Board regarding the budget for grievance processing and arbitration costs and shall keep the Executive Board informed regarding the operation of the grievance program.
   2. Consider carefully the merits of each grievance and make recommendations to the Executive Board regarding the submission of a grievance in arbitration.
   3. Keep a record of all grievances processed.
   4. Provide training, resources and support for the Association’s faculty grievance representatives.
   5. Study the Association’s grievance processing policies and program and make recommendations to the Executive Board for maintaining and improving their effectiveness.
   6. Offer their assistance to any member to upgrade the quality of teacher effectiveness in the classroom.

Section 5:The Finance Committee

The Finance Committee shall make an annual study of State and local revenues, the District’s existing salary schedule and budgetary problems of the District; it shall consider revision requested by members and report its finding and recommendations to the membership; it shall work with the Bargaining Team toward adoption of salary schedule recommendations approved by the membership. It shall make a report to the full Representative Council on the salary proposal to be negotiated, prior to negotiations.

Section 6:The Bargaining Team

1. The members of the Bargaining Team shall be appointed by the President and recommended by the Executive Board and ratified by the Representative Council.
2. Vacancies created by resignation or temporary inability to serve shall be filled in accordance with #1.
3. The Executive Board by a two-thirds (2/3) majority may remove a member of the Bargaining Team.
4. The duties of the Bargaining Team are to represent and to negotiate for the bargaining units(s).
5. Responsibility and authority for directing the bargaining process on behalf of the Association is vested in the Executive Board subject to policies established by the membership.
6. Employees in the bargaining unit shall be surveyed to determine contents of the proposed contract demands and Association members shall approve the correct proposal.
7. The Bargaining Team chairperson shall report its activities to the Executive Board in such form and with such frequency as the Executive Board may require.
8. The Executive Board shall provide for the disseminating of information regarding bargaining and the activities of the Bargaining Team to the General Membership.
9. Agreements reached between the Bargaining Team and the School Board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the membership in the appropriate units.

Section 7:The Political Activities Committee

The Political Activities Committee shall maintain a continuing study of proposed legislation affecting schools and teachers; inform the membership regarding such proposed legislation and its progress while the Legislature or Congress is in session; propose and carry out methods for the Association to support the legislative programs; give the membership information about the records and opinions of candidates for the School Board, Legislature, and Congress regarding questions affecting schools and teachers; plan any activities designed to establish closer relationship with State and National legislators representing this area; accept and study legislative proposals from members and recommend appropriate action to the Association. The committee in conjunction with the CTA/NEA Liaison shall be the political arm of the Association.

Section 8:The Scholarship Committee

The Scholarship Committee shall administer all scholarships endorsed by the Marysville Unified Teachers Association in accordance with the Constitution and the Standing Rules.

Section 9:The Communications Committee (Internal)

The Communications Committee (Internal) shall be responsible for the printing and internal distribution of all official publications of the Association.

Section 10:The Public Relations Committee

The Public Relations Committee will promote a positive teacher image and the educational program provided by teachers in the district. The committee will publicize the educational activities and programs of the students and teachers to the public.

This committee will publicize the actions of teachers in protecting youths’ rights and developing positive youth behavior.

Section 11:Special Services Committee

The Special Services Committee shall study problems affecting the welfare of teachers, such as insurance of all kinds and purchasing plans. The committee will provide the information when asked for by the Bargaining Team.

Section 12:The Curriculum and Instruction Committee

The Curriculum and Instruction Committee shall keep informed and, in turn, inform members of the Association regarding current developments, trends, and research in the area of instruction; solicit the suggestions and ideas of the members regarding their goals and problems in instruction and shall provide a process through which the priority of the Association in this area can be formulated; work with the District and other professional personnel to develop and promote programs to improve instructional practices and the conditions in which instruction is carried on in the District.

The committee will forward any information on legislation regarding teacher education programs and licensing to members of the unit.

Section 13:Human Rights Committee

The Human Rights Committee shall provide leadership in the development of human relations procedures ensuring equitable treatment of all segments of society.

Section 14:Retirement Committee

The Retirement Committee shall keep the membership informed about the State Teachers Retirement System and its benefits. They shall assist retiring members and relatives of deceased members by giving them information on procedures to be followed and benefits available through membership in the California and National Associations for retired teachers. The committee may make recommendations to the Association for the improvement of the retirement system.

Section 15:Membership Committee

The Membership Committee directs the membership campaign and notifies the members of their responsibilities regarding payment of dues; maintains an accurate record of members and payments of dues in local, State, and National associations; issues membership cards; notifies Executive Board and Representative Council at each monthly meeting of the current status of membership totals; notifies committee chairs and faculty representatives in regard to membership status of all teachers in the district.

Rights and privileges of membership shall not be abridged in any way because of age, sex, color, marital status, ethnic group, national origin or sexual orientation.

No member shall be disciplined without a due process hearing that shall include the established appellate procedure.

Section 16:Special Committees

The President with the approval of the Executive Board shall appoint the chairperson for a special committee. Each committee chairperson shall select members to be affirmed by the Executive Board.

ARTICLE VII
Policy Concerning Retiring Teachers

Section 1:It shall be the policy of the Marysville Unified Teachers Association to maintain a plaque at each school containing the names of all teachers serving at that school at the time of retirement.

The organization shall present to each retiring member an engraved desk set.

The organization shall pay for a life membership in CTA-Retired (CTA-R) to each member who has paid MUTA/CTA/NEA dues for the five (5) years prior to retirement.

ARTICLE VIII
Meetings

Section 1:The Representative Council shall meet once each month of the school year.

Section 2:The Executive Board shall meet once each month.

Section 3:Special meetings of the Representative Council and Executive Board may be called by the President or by a majority of the representatives.

Section 4:Meetings of the General Membership

1. Meetings of the Association may be called by the President, the Executive Board, or by written petition of twenty (20%) percent of the membership.
2. 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 prior to the meeting except during crisis situations.
3. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meetings dates, places, and times.

Section 5:Balloting after a General Meeting

1. After a General Meeting for distribution of information, faculty representatives or a designee will be called upon to distribute ballots to all qualified voters.
2. Ballots must be returned to the MUTA office within forty-eight (48) hours of the close of the General Meeting or the time established at that meeting.
3. Faculty representatives or a designee will be responsible for making sure that every qualified voter has signed for his/her ballot. A faculty representative or a designee will make every reasonable effort to contact all qualified voters and that person will return collected ballots to the MUTA office before the deadline.
4. Prior to elections, each faculty representative or designee will be given a current list of qualified voters.

ARTICLE IX
Selection of Representative to the Service Center Council

Section 1:The President or designee shall be the representative to the Service Center Council.

ARTICLE X
One-Person-One Vote Principle and Ethnic Minority Representation Guarantee

Section 1:Marysville Unified Teachers Association shall apply the one person-one vote principle for representation on its governing bodies and shall guarantee ethnic minority representation at least proportionate to its ethnic minority membership.

ARTICLE XI
Code of Ethics of the Education Profession

Section 1:Marysville Unified Teachers Association recognizes and adopts the preeminence of the Code of Ethics of the Education Profession.

ARTICLE XII
National Education Association Delegate

Section 1:National Education Association delegates shall be elected in accordance with the NEA requirements. (Check time schedule)

ARTICLE XIII
Order of Business

Section 1: The following shall be the order of business for all regular meetings of the Association unless changed for a particular meeting:

1. Call to order.
2. Correction and adoption of minutes of the previous meeting.
3. Reading of correspondence.
4. Report of Treasurer, Standing Committees, Chapter Specialists, Special Committees, State Council, and Service Center Council.
5. Unfinished Business.
6. New Business.
7. Program.
8. Adjournment

ARTICLE XIV
Parliamentary Authority

Section 1: Robert’s Rules of Order, Revised, shall be the authority on parliamentary procedure in the Representative Council meetings, the Executive Board meetings and the General Meeting.

ARTICLE XV
Amendments

Section 1:The By-Laws may be amended by a majority vote of the representatives at any regular meeting of the Representative Council or General Assembly provided notice in writing of a proposed By-Laws amendment shall have been submitted to the Secretary and made available to all members of the Representative Council at the meeting preceding the one at which it is to be voted upon.

No amendment to the Constitution or By-Laws shall be permitted without at least equal notice and a majority vote.

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