ARTICLE I NAME
This organization shall be known as the Portland Federation of Teachers and Classified Employees, (hereinafter called PFTCE) Local 111, of the American Federation of Teachers, AFL-CIO, and may be referred to as a union, local, federation, or organization.
ARTICLE II OBJECT
The objective of this organization shall be:
Section 1. To provide effective collective bargaining representation.
Section 2. To bring the local into relations of mutual assistance with the American Federation of Teachers, its State Federation, and locals.
Section 3. To fight all forms of bias or discrimination in education employment and education delivery due to race, creed, gender, age, sexual orientation, social, political or economic status or national origin.
Section 4. To organize all eligible Classified employees of PPS into one united organization for the benefit of the entire education community.
Section 5. To work for passage and retention of just laws which will improve the climate for students and Classified employees of PPS.
ARTICLE III MEMBERSHIP ELIGIBILITY
Section 1.
A. Classified Employees of School District No. 1, Portland School District, Multnomah County, Portland, Oregon (hereinafter known as active members), as described in this Constitution and the By-Laws, shall be eligible for regular membership in this organization.
B. Certified Employees of School District No. 1, Portland School District, Multnomah County, Portland, Oregon, shall be eligible for ex-officio membership in this organization.
Section 2. PFTCE members in good standing who have retired from employment with the Portland Public School District may join AFT-OR as Retired Associates.
Section 3. Admission: Persons desiring to become members of the Local shall submit their application.
Section 4. If it can be shown that the member has acted in a manner that is severely detrimental to the Federation, a member may be expelled from the Federation upon bringing of written and signed charges by two, or more, members, who shall present such charges and documentation to the Executive Board. A majority vote of the Executive Board shall cause an expulsion hearing to be held, at which time the accused member shall have the right to examine and question the charges and be represented by a person of their choice. At the conclusion of the hearing, a two-thirds vote of the Executive Board shall be required for expulsion. A person expelled from the Federation may appeal the decision of the Executive Board to the Membership by requesting a vote at their next meeting. A simple majority of the Membership voting shall be sufficient to overrule the decision of the Executive Board to expel.
ARTICLE IV DUES
Dues shall consist of the amount set by the local that remains with the Local, the monthly per capita fees of all affiliate organizations as defined in Article XX, and the monthly cost of any group insurance programs in which the Local participates. Dues are payable monthly by payroll deductions or cash.
Section 1. Setting the Dues: Local dues may increase automatically each fiscal year to generate an income of 2.5% of the total income from the previous year. At a September meeting, local dues amounts, membership dues amounts, budget, and program will be approved for the current school year.
Section 2. Other Dues: Should an emergency occur, or the membership directs additional programs requiring additional funding, a separate local dues increase may be recommended to the membership by the Executive Board.
Section 3. Fair Share: Fair Share contributors shall be proportionate with membership dues. Rules governing Fair-Share contributors are stated in Article VIII of the By-Laws.
ARTICLE V OFFICERS
Section 1. The officers of this organization, who make up the Executive Board, herein after known as the Board, shall be elected by ballot to serve two year terms. The term of office shall begin July 1st. The following officers shall be elected each odd-numbered year: (1) President, (2) Treasurer, (3&4) two Vice Presidents. The following offices shall be elected each even-numbered year: (5) Executive Vice President, (6) Secretary, (7) Political Education Vice President, (8&9) two Vice Presidents. These officers shall perform the duties prescribed by the Constitution, the By-Laws, and the Guidelines for Executive Board Officers, Standing Rules and the parliamentary authority adopted by this Constitution.
Section 2. Building Representatives in the various worksites shall be appointed by the PFTCE Field Representative by October 30th of each school year as prescribed in Article VII of the By-Laws. Building Representatives shall perform duties as prescribed in the By-Laws of this organization. The Field Representative is authorized to appoint a Building Distributor if the October 30th deadline cannot be met.
ARTICLE VI NOMINATIONS OF OFFICERS
Nominations for office shall be at the March meeting. Nominations will be made from the floor. Candidates need not be present to be nominated, but must have indicated, in writing, their willingness to serve.
Section 1. Eligibility for Office: Candidates for the Executive Board must have been PFTCE members in good standing for at least six (6) months. Candidates for President must have been members in good standing for at least one (1) year. No member may hold more than one PFTCE Board position at a time.
Section 2. Nominating Schedule:
A. In the February newsletter and/or website, a list of positions to be filled in the May election will be published. Nominations from the floor will be permitted only at the March meeting. The duties of each office shall be available at the March meeting.
B. A list of the nominees will be published in the April newsletter and/or website.
ARTICLE VII ELECTIONS
All Full Members in good standing who hold voting privileges as stipulated in this Constitution and By-Laws shall have one vote in all elections. All officers shall be elected by a vote of Full Members.
Section 1. Voting:
A. The PFTCE office staff will prepare ballots for all elections.
B. A Committee of not less than five (5) persons will be elected by the Membership at the November meeting and will be known as the Election Committee. Committee members must be full members of the Union in good standing, may not be candidates for office, or officers of the organization. They will review guidelines for campaigns and elections of officers, verify membership, issue ballots, tally votes, and report the results to the membership.
C. Delegates for conventions shall be voted on by secret ballot at the January membership meeting. Ballots will be sealed in an envelope, certified by the elections committee, opened and counted by the elections committee not later than February 1.
D. Ballots for election of Executive Board members shall be mailed to Full Members’ homes. Included shall be a ballot, secrecy envelope, and signature/return envelope. When nominations result in only one candidate for an office, the body at the nomination meeting may conduct the election by acclamation. If a race should become uncontested following the nomination meeting, a motion may be entertained at the May Membership meeting to conduct the election by acclamation. A proper motion and second must be made for acclamation.
E. The candidate receiving a plurality of the votes cast shall be declared elected.
F. Ballots and other election materials are to be sealed in an envelope with the date of the election and signatures of the participating committee members, and held in security at the PFTCE office for a period of three (3) years.
G. Drawing of straws shall be an accepted tie-breaker method.
Section 2. Challenges: All challenges to the election must be submitted to the election committee within five (5) school days of the published election results and must be supported by a specific statement of the alleged violations.
ARTICLE VIII REMOVAL OF OFFICERS AND APPEAL
Section 1. Removal and Appeal: The President, upon informing the Board of the cause for removal, may ask for the removal of an officer by a two-thirds affirmative vote of all of the members of the Board. The President shall notify the officer and that officer may appeal the decision at the next Board meeting. Failure to appeal the vote will result in the filling of the office by interim appointment. If the decision for removal is appealed and is upheld by a second vote of the Board, the Membership shall be notified and the removal shall be placed on the agenda for the next scheduled meeting. If the removed officer so wishes, the officer may appear and present his/her case at that time. A two-thirds vote of Members present will decide the question.
Notice of removal of officer must be sent to the Membership at least fifteen (15) days prior to removal.
Notice of the election must appear in the newsletter and/or website at least once before the scheduled election.
Section 2. Misconduct: The Board, by a two-thirds vote of all members may remove any officer, including salaried, contractual officers, for reason of neglect of official duties, embezzlement, illegal acts, or violation of this Constitution and By-Laws, provided a written complaint has been presented to the Board and that the officer has been notified in writing at least ten (10) days prior to the meeting and that an opportunity has been given for that officer to present a defense of the misconduct at a Board meeting.
Section 3. The Ballot: A vote on removal of officers at a meeting shall be by secret ballot presided over by the Election Committee as prescribed in the Constitution and By-Laws.
ARTICLE IX THE EXECUTIVE BOARD
The officers of the organization shall constitute the Executive Board. Health and Welfare Trustee(s) shall serve as non-voting member(s) of the Executive Board.
Section 1. The Board shall administer the policy of this organization as set at regular meetings. It shall have the power to act for the good of the organization in emergency situations where the policy cannot be set by the Membership.
Section 2. The Board shall oversee the administration of the budget; monitor grant monies; approve expenditures as set forth in the By-Laws and Standing Rules; have the power to approve, or deny, liabilities and contracts, written or verbal, and investment of funds; and, to approve or deny employment of clerical staff and other persons, on a full-time or part-time basis, as determined by the needs and finances of the organization.
Section 3. Unless otherwise ordered by the Board, regular meetings of the Board shall be held on the third Wednesday of each month. Special meetings can be called by the President, or upon the written request of three (3) members of the Board.
Section 4. A quorum at an Executive Board meeting shall be the majority of officers currently holding filled Board positions.
Section 5. The Board shall appoint ad hoc Committees as it deems necessary. These committees shall report directly to the Board. Any action taken shall be consistent with the Constitution and By-Laws.
Section 6. Board Members are expected to attend meetings and Executive Board meetings. If a board member misses three (3) or more Board meetings per year without notifying the President, the President may ask for removal of the member from office. The President will inform the Board of absentees at Executive Board meetings for the purpose of inclusion in the minutes.
Section 7. Executive Board Members, elected by secret ballot to their Executive Board positions, shall also be voting delegates to the AFT-OR convention.
ARTICLE X EXECUTIVE BOARD VACANCIES
Section 1. Resignations of Board members shall be submitted to the president.
Section 2. Vacancies created by resignation or removal of Board members shall be filled as follows:
A. The resignation is read to the Board at its first meeting after it is received. The Board may vote to accept or reject.
B. Vacancies occurring during an officer’s term may be filled by the Executive Board, which shall have the power to fill vacancies in its membership for the balance of the term of office.
ARTICLE XI GOVERNANCE
Section 1. The general governing body of the union shall be the Members of the union, in good standing.
Section 2. The Membership shall formulate the policies of the union; it shall consider and act upon any matter which it regards as pertinent to the purposes and activities of the union; and it shall have the power to adopt, amend, or rescind actions of the Board and the President.
Section 3. At each regular Membership meeting, the Membership shall hear, and, at its discretion, act upon reports from the officers of the Union, from the Board, from union committees, from delegates, and from any other sources whose presentation is duly authorized. It shall also hear and may act upon pertinent matters brought before it by any of its members.
The Membership may vote to refer any agenda item to the full membership for a worksite election. Such elections will be held in accordance with Election Committee Guidelines which must have prior approval of the Membership.
ARTICLE XII MEETINGS
Section 1. The general membership shall meet regularly on the first Wednesday of every other calendar month during the school year, September through May, and June. In establishing the time and place for such meetings, the Board shall not give less than five (5) days notice thereof by emailing, mailing to members’ home or school address, by posting upon school bulletin boards, or by publication in the PFTCE newsletter and/or website. The Board may set a different date for a particular meeting.
The following will be standard meetings:
September - The regular meeting in September shall be the Annual Business Meeting and shall be for the purpose of reviewing and implementing the budget and program for the fiscal year and for the President’s ‘State of the Union’ message, which shall be available for distribution upon request.
November - The meeting in November shall address the election of the election committee.
January - The regular meeting in January shall be for the nomination and election of Convention delegates, and for the appointment of the Budget and Contract Committee member(s).
March - The regular meeting in March shall be the Nominating Meeting.
May - The regular meeting in May shall be for the purpose of electing officers and other business as needed.
June - The regular meeting in June shall be for the installation of officers and awards.
Section 2. The meetings shall be presided over by the President of the Union.
A. When the President is absent, the Executive Board members will assume the chair in the following sequences: Executive Vice President, Secretary, then Treasurer. The Members of the Board shall be ex-officio, voting members of the Membership and shall attend its meetings. Staff employed by this union may attend Membership meetings, but shall speak only at the discretion of the President.
B. Any PFTCE represented employee may attend the meetings. Only full Members may vote.
Section 3. At all meetings, the agenda shall consist of the following items:
1. Call to Order
2. Reading of Minutes
3. Financial Report
4. Reports of Officers
5. Reports of Committees
6. Reports of delegates, conferees, and others traveling on PFTCE business
7. Recommendations of the Executive Board
8. Unfinished Business
9. New Business
10. Remarks for the Good of the Order
The presiding officer shall have the privilege of presenting the agenda in the most expedient order.
At meetings, any specified order of business, or any part thereof, may be adopted, without debate, by majority vote. The exception shall be when By-Laws require otherwise, the meeting shall be governed by Robert’s Rules of Order, Revised.
Section 4. Any Member at a regular meeting, may bring to the floor any matter which is relevant to the purposes of the Union. If the Members so desire, the matter may be immediately referred to the appropriate committee, which shall bring a report to the next regular meeting.
Section 5. With the consent of the Board, the President may call a special meeting. A special meeting must be called upon receiving a written petition of more than twenty Members, provided that such petition shall specify the purpose of the meeting. Every call for a special meeting shall specify the purpose of the meeting, and no business other than that specified in the call may be transacted at that meeting except by unanimous consent.
Section 6. Special Meetings: Special meetings of the union membership can be called by the President, the Board, or the Membership. They shall be held upon the written request of at least twenty-five (25) Members of the organization, representing at least five (5) different worksites. The purpose of the meeting shall be stated in the call for the meeting and shall constitute the entire agenda. However, in the case of an emergency, business not on the agenda may be brought before the meeting by the presiding officer. At least ten (10) days notice shall be given for special meetings of the membership.
ARTICLE XIII THE PRESIDENT
Section 1. The President shall be a full-time contractual employee of this organization, elected by a majority of the vote of the Membership as prescribed by the Constitution and By-Laws, whose salary is negotiated by a three (3) member Contract Committee chaired by the Treasurer.
Section 2. The President shall be responsible for the daily activities of the organization; partake in negotiations and grievances; conduct organizing drives; the construction and administration of the budget and program; supervision of salaried employees; professional and business contracts; preservation of the fiscal integrity of the organization; promotion of the welfare of the members of this local; maintain a good relationship with the general public, the employees of the District and the Administration of the District; conduct meetings and workshops; and other duties as may be required of this office and those duties as set forth in the Guidelines of PFTCE Executive Board Members.
In addition, the President shall be an ex-officio member of all committees, except the Contract Committee, and Election Committee; shall be the chief delegate to all conventions of the American Federation of Teachers, AFT-Oregon, and Oregon AFL-CIO; and shall make a report to the membership at least once a year summarizing the accomplishments of the Federation and outlining plans for the next year.
Section 3. The President shall be subject to all rules prescribed in this Constitution, the By-Laws, the Guidelines for Executive Board Members, and Standing Rules, and his/her contract, and shall be a member in good standing of this organization.
Section 4. The President shall carry out the policies and directives of the Membership, and the Executive Board.
Section 5. Emergency Succession Plan
A. Purpose: The purpose of this plan is to insure that the organizations leadership has adequate information and a strategy to effectively manage PFTCE in the event the President is unable to fulfill his/her duties.
B. Implementation
1. The Executive Board will implement the terms of this Emergency Succession Plan in the event of a planned, unplanned, temporary, short term, long term or permanent absence.
2. As soon as feasible following notification of planned, unplanned, temporary, short term, long term or permanent absence the Executive V.P. shall convene an Executive Board meeting to affirm the procedures prescribed in this plan, or to modify them as needed.
3. The full plan will be included in the Constitution and By-Laws as Standing Rule #1 the “Emergency Succession Plan”.
ARTICLE XIV STAFF
Section 1. Contracted Staff: The Board shall have the power to ask the Contract
Committee to negotiate contracts for contracted staff as deemed necessary for the function of this organization and in accordance with finances of this organization. The Board shall instruct the Contract Committee as to the needs and the terms of contract(s). Contracts and agreements must not be in conflict with the Constitution and By-Laws. Should a Contract Committee, for any reason, not be able to complete negotiations with a contracted employee within six months of the start of good-faith bargaining, the Board shall appoint a new committee at the request of the parties involved.
Section 2. Salaried Staff: The Board shall have the power to recommend the hiring of salaried staff as deemed necessary for the function of this organization and in accordance with finances of this organization.
ARTICLE XV COMMITTEES
Section 1. Standing, board, or special committee assignments are listed in the By-Laws. Committee member lists shall be submitted to the Secretary.
Section 2. Board members may appoint committees as needed to assist them with their duties. Committee members shall be members in good standing of this Local.
Section 3. Special Committees shall be appointed by the President at the direction of the Board, or the Membership.
Section 4. Committee members will elect a chairperson and a person to take minutes and notify members of the meetings. Special Committees shall have a specific purpose and a termination date.
Section 5. Standing or Board Committees will submit an annual budget to the Financial Committee for inclusion in the annual budget of the Federation. Monies remaining in the committee budget at the end of the fiscal year will be placed in the general fund.
ARTICLE XVI TRAVEL
Union related travel shall be permitted within the limitations of the By-Laws.
ARTICLE XVII QUORUM
Ten (10) Full Members, in good standing, of this organization shall constitute a quorum.
ARTICLE XVIII AFFILIATIONS
This local shall maintain affiliation with and whenever possible send delegates to the following organizations: the Northwest Oregon Labor Council, Oregon AFL-CIO, American Federation of Teachers, AFT-Oregon, District Council of Unions, and with other organizations as may be decided upon by a vote of this membership. Per capita payments to the American Federation of Teachers, AFT-Oregon, Northwest Oregon Labor Council, Oregon AFL-CIO and DCU shall be levied on members as a part of their regular dues in accordance with a prescribed schedule.
In accordance with the Trust Agreement between the Portland Pubic Schools and the Health and Welfare Trust, two (2) Trustees and one (1) alternate shall be maintained to serve on the Trust. Appointment shall be made by the President, with approval by the Executive Board.
Special assessment or dues levied on a one-time basis by one of our affiliates shall be (1) referred to the Membership for approval before a per member assessment is imposed, or (2) paid from monies in the Contingency Fund, or (3) paid for by a fund raising event, or (4) referred to our attorney for a legal opinion.
ARTICLE XIX DUES PASS THROUGH
Section 1. The monthly membership dues shall consist of the local dues, plus the monthly per capita fees for all affiliate organizations, plus the monthly cost of any group insurance programs in which the Local participates. Notification of any dues increase will be announced in the newsletter and/or website or by special mailing thirty (30) days before it is levied.
Section 2. The local may obtain additional finances through grants, donations, contributions or other funding activities.
ARTICLE XX PARLIAMENTARY AUTHORITY
Section 1. Robert’s Rules of Order, Newly Revised, shall govern the organization in all cases not covered by this Constitution or by the By-Laws of this Local.
Section 2. The President shall have a Parliamentarian present at all Board and Membership meetings, whenever possible.
ARTICLE XXI AMENDMENT OF CONSTITUTION
This Constitution may be amended at any regular meeting by a two-thirds vote of Members present. The Membership shall be notified in writing that discussion is scheduled at two regular meetings prior to the vote. The vote may be taken following discussion at the second meeting.
ARTICLE XXII ARTICLES OF ORGANIZATION
The Articles of Organization shall consist of the Constitution, the By-Laws, and the Standing Rules, and the Guidelines for PFTCE Executive Board Members.
ARTICLE XXIII AVAILABILITY OF CONSTITUTION
Section 1. Three copies of this Constitution and any By-Laws and all future amendments shall be submitted to the National Office of the American Federation of Teachers. One copy of this Constitution and all future amendments shall be submitted to the office of the AFT-Oregon.
Section 2. Copies of this Constitution shall be made available to other affiliated organizations upon request.
Section 3. Copies of this Constitution shall be submitted to all Executive Board Members and shall be available for any member of this local upon request to the Secretary.