WHITMAN-HANSON EDUCATION ASSOCIATION BY-LAWS
Amended on June 3, 2020
WHITMAN-HANSON EDUCATION ASSOCIATION
PREAMBLE
Whereas we the professional educators of Whitman-Hanson Regional School District affirm our belief in the worth and dignity of mankind and recognize the supreme importance of the pursuit of truth, the encouragement of scholarship and the promotion of democratic citizenship; whereas we regard as essential to these goals the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all; we affirm and accept our responsibility to practice our profession according to the highest ethical standards and acknowledge the magnitude of the profession we have chosen, and engage ourselves, individually and collectively, to judge our colleagues and be judged by them in accordance with the applicable portion of the National Education Association code of ethics.
ARTICLE I
Name
The name of this organization shall be the Whitman-Hanson Education Association, Inc., hereinafter referred to as the association.
ARTICLE II
Objectives
The objectives of the association are to promote the interests of educators, to form a closer professional bond among them, and to increase the efficiency of education as a public service.
ARTICLE III
Qualification of Members
SECTION 1. This association shall be affiliated with the Plymouth County Education Association; hereinafter called the county association; shall be affiliated with the Massachusetts Teachers’ Association; hereinafter called the state association; and shall be affiliated with the National Education Association; hereinafter called the national association.
SECTION 2. Membership shall consist of persons who are engaged in work of a professional nature in the field of education in the Whitman-Hanson Regional District. Membership shall be signified by signing an appropriate dues authorization card. Active membership shall be continuous until the member leaves, resigns from the Association, or fails to pay membership dues. Active membership may be continued by those who retire from the Whitman-Hanson Regional District if they choose by paying dues as outlined in Section 8 of this Article.
SECTION 3. Membership may be extended to other persons employed in the Whitman-Hanson Regional District by majority vote of the association.
SECTION 4. Members shall be expected to adhere to the code of ethics established by the National Education Association attached hereto as an appendix.
SECTION 5. Members shall be expected to actively participate in the functioning of the association.
SECTION 6. Employees who choose to be “Agency Fee Members” in our Association will be ineligible to run for or hold any officer position or committee member position in the WHEA. In addition agency fee members are not eligible to vote in WHEA elections nor are they eligible to vote in contract ratification meetings.
SECTION 7. The annual dues shall be established each year in accordance with the requirements of the county association, state association, national association, and the association.
SECTION 8. The association shall pay the annual dues of cash paying members assessed by the state association before December 31 each year. The annual dues collected by payroll deduction shall be paid as payroll deduction payments and are received from the Whitman-Hanson Regional School District.
SECTION 9. Cash paying members must pay all dues by December 1 of each year in order to maintain membership in good standing. Payroll deduction is available. (See Appendix A: Payroll Reduction Policies– An agreement between the association and the Superintendent’s Office)
SECTION 10. The treasurer and the board of representatives shall be responsible for the enforcement of this article.
ARTICLE IV
Officers, Representatives, Auditor, Delegates and Committees
SECTION 1. Officers, Representatives, Auditor, Nominating Committee
- The following officers of the association shall be elected at large from the membership of the association: a president, a secretary, and a treasurer. Three vice presidents shall be elected. Elementary members, Middle School members, and High School members shall each elect their own vice-president.
- The members of Unit A shall have one representative for every fifty members or part thereof for each building in the District. The Pre-School Academy (currently housed in the high school building) will also have one Representative on the E-Board until such time as the Pre-School Academy moves back to an Elementary School. The members of Unit B(assistant principals, directors), Unit C(secretaries, and clerks), and Unit D(aides) shall each have one representative for every fifty members or part thereof. These representatives, who together with the officers and chairpersons of the P.R.&R. Committee and Negotiations Committee and assistant treasurer, shall constitute the board of representatives, hereinafter called the board, the executive board or E-board. This board will meet monthly during the school year to conduct the business of the Association at a time convenient for most members. These meetings will be open to the membership.
- An auditor may also be elected at the annual meeting for a term of one year beginning July 1, whose duty shall be to make periodic examinations of the treasurer’s records and an annual audit within 30 days prior to the annual meeting.
- State association delegates shall be elected for a period of one year.
- County association delegates shall be elected for a period of three years.
- Nominations for officers, representatives, auditor, and any other elective position recognized by the association shall be made by a nominating committee consisting of the three vice presidents. Said nominating committee shall present to the association a list of all members who wish to be candidates no later than two weeks prior to the election.
- The officers, representatives, committee members, and county delegates shall be elected by a plurality vote of the association members voting who may vote by secret ballot on a day set according to Article V, Section 1, of the constitution. This voting shall take place in areas designated by the nominating committee. If nominations are closed and there are no contested elections, the Recording Secretary shall be authorized to cast one ballot for all positions. In the event of a tie vote, a member selected by the Executive Board, and who has no stake in the outcome of the tied position will place the names on paper, in a container and draw a winner.
- The officers, representatives, committee members, and county delegates shall be elected for a term commencing on July 1. The officers shall be elected for a term of two years. Representatives shall be elected for a term of three years. Committee members shall be elected at this time for a term of two years. The auditor will be recommended by the Budget Committee and approved at the Annual Meeting. Delegates to the State Annual Meeting shall be elected annually at such a time and place as the board determines.
SECTION 2. Delegates and Committees
- Non elected delegates shall be selected from the membership by the president with the approval of the board of representatives to represent the association at professional meetings and shall be responsible to report the results and actions of such meetings.
- Delegates to the above mentioned meetings, in so far as it is practical, shall reflect the majority opinion of the association.
- The association recognizes two types of committees, standing and special, either or both of which may appoint sub-committees from the membership of the association, as well as from the committee, to assist in the performance of their duties.
- Said sub-committees are responsible to the committees to which they are attached.
- Special committees are those committees appointed for a special purpose which cease to exist when its assigned duties are fulfilled or unless sooner discharged by a majority vote of members of the E-Board present at the meeting where discharging is discussed.
- Special committees which have not reported cease to exist at the time of the annual change of officers on July 1.
- Standing committees shall be established by majority vote of the association and shall be elected by the majority vote of the association to serve for a definite period of time to be established by majority vote of the association.
- Said standing committees shall elect by majority vote their chairperson whose duty it shall be to call the committee together. The chairperson for PR and R Committee shall be from Unit A,C or D. But, if the chairperson is absent, or neglects, or declines to call a meeting of the committee, it is the duty of the committee to meet on the call of any two of its members.
- In special committees the chairperson shall serve as secretary; in standing committees, in addition to the chairperson, a secretary shall be elected by the committee whose duty shall be to keep a brief record of committee business.
- Members of the association have rights to appear upon request at committee meetings and present their views on the subject before it. During deliberations of the committee no one has the right to be present except members of the committee.
Committee reports shall contain only that material which has been agreed to by a majority vote of the committee at a committee business meeting.
- No committee business may be conducted unless a majority of the committee is present.
- Standing committees may appoint sub-committees which report only to the standing committee. Members of the sub-committee may be selected from the association as well as from the standing committee.
- Standing committees shall keep the association reasonably informed and shall report at each association meeting.
- The following committees are recognized as standing committees by the association:
- the Negotiation Committee
- the Political Action Committee
- the Professional Rights and Responsibilities Committee
- the Publicity Committee
- Additional standing committees may be established at any time by a majority vote of the association. In this case nominations for said committees will be taken from the floor.
- An annual sub-committee to be called the Budget Committee shall be formed and comprise of 1. the three vice-presidents, 2. the present treasurer, 3. the assistant treasurer, 4. one member of the Professional Rights and Responsibilities Committee, and 5. one member of the Negotiation Committee. The present treasurer shall serve as chairperson of said sub-committee.
SECTION 3. Duties of Officers, Assistant Treasurer, and
Representatives
- The president shall preside at all meetings of the association and of the board, shall be responsible for the functioning of the association and the board, and shall submit an annual report. He/she shall also be a member of all committees except the nominating committee. The president shall appoint a member yearly to oversee and update the WHEA website.
- The president shall have the power to appoint members of special or standing committees when vacancies occur. In addition, the president shall have the power to appoint members of the E-board should the vacancy occur during the year, or should the member leave Whitman-Hanson prior to expiration of their term of office; subject to majority approval of the E- Board. Such appointments to expire at the next regular election for said committee.
- A vice-president, selected by the president, shall perform the duties of the president during his/her absence or at his/her request. In addition, a vice-president, selected by the president, shall function as parliamentarian for the association. The three vice-presidents shall be in charge of the association’s membership, including the collection of dues. The vice-presidents will be members of all standing committees.
- The secretary shall keep a full and accurate record of all business transacted by the association and by the board. He/she shall keep a list of officers, representatives, delegates, members of committees, and of members of the association along with their addresses. The secretary shall also conduct the correspondence of the association, preserve its documents, and provide the secretary of the state association with such information as he/she may require.
- The treasurer shall be the custodian of the funds of the association. He/she shall keep an accurate record of all receipts and disbursements and shall pay bills amounting to $100 or less after they have been approved by the president and shall pay bills amounting in excess of $100 after they have been voted by the board. All disbursements voted on by the board shall be recorded in the minutes of the meeting. The funds of the Association may be expended only in matters consistent with the objectives of the Association. He/she shall submit a written report at the annual meeting and other times as requested by majority vote of the association. He/she shall also serve as an advisor to the association on all fiscal matters. The association budget shall cover a period of one year from July 1 to June 30 to coordinate with other associated budgets and reports. The treasurer shall appoint an assistant treasurer.
- The assistant treasurer shall be responsible for the updating of all membership records, working in coordination with treasurer and the WH administration
- The members of the board shall advise the president in the functioning of the association. The board shall enforce the provisions of this constitution, the code of ethics, any contracts accepted by the association and decisions made by the Professional Rights and Responsibilities Committee.
SECTION 3A. Removal of Officers of the WHEA
- President, secretary, treasurer or assistant treasurer of the WHEA can be removed from office in the following way:
- A petition signed by 1/3 of the active members of the association calling for the removal of the President, the secretary, the treasurer or the assistant treasurer must be presented in person to the E-Board at the next regularly scheduled meeting. The top of the petition must clearly state in writing, the behavior considered serious enough to warrant removal. The person(s) originating the petition shall be present at the E-Board meeting to answer questions by the board. A 2/3 vote of the E-Board must be recorded agreeing with the petition to proceed.
- If 2/3 of the E-Board agree with the petition, than no later than the following meeting, a special vote calling for the removal of said officer will be held for all members of the association in the designated area in each building. Said officer shall have no duties for this special vote.
- In the event that a vote to remove the officer is recorded by 2/3 of the members of the association, said officer will be immediately removed from his/her office and any stipend will cease.
- A replacement for the officer will be selected by the E-Board at a special meeting held no later than 2 weeks hence.
- The Vice-Presidents of the WHEA can be removed from office in the following way:
- A petition signed by 1/3 of the active members of the association serving in schools served by said Vice president (ex – 1/3 of elementary school members signing a petition can call for removal of Elementary Vice- President etc.) must be presented in person to the E-Board at the next regularly scheduled meeting. The top of the petition must clearly state in writing, the behavior considered serious enough to warrant removal. The person(s) originating the petition shall be present at the E-Board meeting to answer questions by the board. A 2/3 vote of the E-Board must be recorded agreeing with the petition to proceed.
- If 2/3 of the E-Board agree with the petition, than no later than the following meeting, a special vote calling for the removal of said officer will be held for all affected members of the association in the designated area in each building(s). Said officer will have no duties for this special vote.
- In the event that a vote to remove the officer is recorded by over 50% of the affected members, said officer will be immediately removed from his/her office and any stipend will cease.
- A replacement for the officer will be selected by the E-Board at a special meeting held no later than 2 weeks hence.
- Members of committees of the WHEA can be removed from their positions by a 2/3’s vote of the E-Board members present at the meeting where the removal from said position is openly discussed by the E-Board. Members serving in a stipend position will forfeit their stipend or the remainder of their stipend immediately. The President shall then appoint a replacement for said committee member as stated in Section 3.
SECTION 4. Duties of Committees
- Negotiation Committee
- The Negotiation Committee shall consist of the following representation: elementary school members, middle school members and high school members shall each have one (1) representative on the committee and the nurses shall have one (1) representative. The Chairman of the PR & R Committee is also a member of the Negotiation Committee.
- The Negotiation Committee is recognized as the sole bargaining agent for the association.
- The major responsibility of the Negotiation Committee shall reflect the majority opinion of the association.
- Prior to the commencement of negotiations the Negotiation Committee shall submit to the association’s president and vice-presidents the list of negotiating proposals for approval. Said approval shall delineate negotiating policy on the listed items.
- The Negotiation Committee shall undertake no action contrary to the expressed will of the majority of the association. In the absence of definite knowledge of the majority will of the association as reflected in the minutes of the association meetings, the Negotiating Committee shall operate under their own initiative until such time as the majority will of the association becomes known by majority vote.
- No decisions made by the Negotiation Committee shall become binding upon the association until such time as said decisions of the Negotiation Committee be ratified by majority vote of the association. Notification of any changes to the Collective Bargaining Agreement or for Ratification of a new Collective Bargaining Agreement will be given to the membership at least two weeks prior to the date of the meeting.
- The Professional Rights and Responsibilities Committee
- The Professional Rights and Responsibilities Committee, hereafter referred to as the PR & R Committee shall consist of the following representation: elementary school members, middle school members and high school members. There shall be one (1) member of the PR and R Committee for each school staff. The Chairman of the Negotiation Committee is also a member of the PR & R Committee.
- The jurisdiction of the PR & R Committee shall pertain, but not be limited to, matters relating to proper and equitable application and interpretation of school policy, rules, regulation, and practices as well as matters arising under the constitution of the association. The PR & R Committee shall decide whether or not to proceed with any cases involving arbitration. If the affected member wishes, he/she may appeal the PR & R committee’s decision to the entire E-Board at the next regularly scheduled meeting. The entire E- Board present at that meeting will then make a decision whether or not to proceed with the arbitration.
- It is the function of the PR & R Committee to emphasize the responsibilities as well as the rights of the individual members of the association. In addition, the committee shall detect, interpret, investigate, advise, mediate, refer, support, screen all grievances, and represent the interest of the association.
- The specific procedure for filing grievances is found in the association’s teaching contract.
- Publicity Committee
- The Publicity Committee shall consist of the President and the three Vice-Presidents of the Association.
- The function of the Publicity Committee shall be to establish channels whereby members of the association shall be appraised of developments within the association; to prepare material for public information; and to aid other committees in attaining goals beneficial to the association. All materials for public release must be approved by the president and the three vice presidents or the board.
- Budget Committee
- The Budget Committee will review past and present budgets in order to recommend to the board the local association budget for the next fiscal year. Local dues shall be no more than two-tenth’s of one percent (0.20%) of the Master’s + 45, maximum step. The budget committee shall endeavor to amass and maintain a sum of money large enough to run our association independently for one year.
- The budget committee shall recommend to the board compensation for the positions of president, vice-president, secretary, treasurer, assistant treasurer, website manager, members of the board, chairperson and members of the Negotiating Committee, and chairperson and members of the Professional Rights and Responsibilities Committee. The board’s recommendation shall be approved by a majority vote of the association at the annual meeting.
ARTICLE V
SECTION 1. The date for the annual meeting and the date prior to the annual meeting for the election of officers, representatives, committee members, and delegates shall be determined in May at such a time and place as the board determines.
SECTION 2. Special meetings of the association shall be called by the secretary at the request of the board, the president or any twenty-five members who feel it necessary. Special meeting dates require notification to the members at least two weeks prior to the date for the meeting.
SECTION 3. The quorum necessary to an Association meeting to conduct its business shall be fifteen (15) members present and voting.
SECTION 4. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix one time to adjourn, and to adjourn or to take a recess.
SECTION 5. Robert’s Rules of Order, when not inconsistent with this constitution shall govern the proceedings of the association
ARTICLE VI
Constitutional Amendment
This constitution may be amended at the annual meeting by two-thirds vote of those present provided, however, that a written notice of the nature of the proposed change shall have been given to members at least two weeks in advance of the meetings.
APPENDIX A
- The treasurer of the Association will provide the District bookkeeper with a complete list of members to be placed on payroll deduction together with the appropriate amount to be deducted (Comment: Most Association members and hopefully eventually all will be on payroll deduction from year to year.)
- Any late joiner may start payroll deduction. The Association treasurer will provide the District bookkeeper with the amount to be deducted for each of the remaining scheduled (Comment: Will cover past non-members who become members, new teachers who did not join at the start of the year, and teachers who come to the district during the school year and wish to join.)
- Special payroll deduction–Upon return from Christmas vacation, the Association treasurer will notify the District bookkeeper of those members and of the respective amounts for the full balance of dues to be deducted in three equal amounts in January, February, and March. If January, February, and March are not possible according to the bookkeeper, then February, March, and April. (Comment: Will cover those members who initially intended to pay cash by December 1, but did not. This will insure payment. The local Association is liable for payment to M.T.A.)
- Members leaving the school system are liable for the balance of their M.T.A./N.E.A./P.C.E.A./local dues. The district bookkeeper will deduct from these members’ checks, the balance due. The balance due may be determined by the number of payroll deductions not made times the amount deducted. If the member was paying cash, the Association treasurer will notify the District bookkeeper of the balance to be deducted. (Comment: Assures payment of those who leave the system. The local Association is liable for payment to M.T.A.)
- The checks made out by the District for the transfer of payroll deduction funds concerning Association dues should be made payable to the Whitman-Hanson Education Association c/o (Association treasurer), then forwarded monthly as near as possible to the end of that payroll period. The Association will notify the District bookkeeper of any newly elected treasurer.
- Checks to cover all credit union payroll deductions should promptly be made out by the District to the respective credit union.
APPENDIX B
CODE OF ETHICS
of the Education Profession
PREAMBLE,
The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards.
The educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one’s colleagues, of students, of parents, and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct.
The remedies specified by the NEA and /or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than one specifically designated by the NEA or its affiliates.
PRINCIPLE I
Commitment to the Student
The educator strives to help each student realize his or her potential as a worthy and effective member of society. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
In fulfillment of the obligation to the student, the educator –
- Shall not unreasonably restrain the student from independent action in the pursuit of learning.
- Shall not unreasonably deny the student access to varying points of view.
- Shall not deliberately suppress or distort subject matter relevant to the student’s progress.
- Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety
- Shall not intentionally expose the student to embarrassment or disparagement.
- Shall not on the base of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly‑
- Exclude any student from participation in any program.
- Deny benefits to any students.
- Grant any benefits to any student.
- Shall not use professional relationships with students for private advantage.
- Shall not disclose information about students obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
PRINCIPLE II
Commitment to the Profession
The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.
In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.
In fulfillment of the obligation to the profession, the educator –
- Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.
- Shall not misrepresent his/her professional qualifications.
- Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.
- Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.
- Shall not assist a non-educator in the unauthorized practice of teaching.
- Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
- Shall not knowingly make false or malicious statements about a colleague.
- Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.