The Constitution of the Indian Hill Educators' Professional Organization


CONSTITUTION OF THE INDIAN HILL EDUCATORS’ PROFESSIONAL ORGANIZATION

Written 9/4/2014

Article I:  Name
The name of this organization shall be the Indian Hill Educators’ Professional Organization, 
 hereinafter referred to as the Organization.  The Organization is incorporated under the laws of the state of Ohio.


Article II:  Governance    

The Organization shall be governed by this Constitution, the By-Laws and the actions of the Executive Board and Representative Council.


Article III:  Objectives

The objectives of this organization shall be to

a  promote the best practices of the teaching profession.

b. promote and maintain the principles of the Code of Ethics of the Education Profession.

c. encourage all teachers to actively participate in the resolution of problems pertaining to
          school functions in cooperation with the Board of Education and the administration.

d. encourage teacher participation in school management.

e. maintain and improve general conditions of employment, salaries, and professional
          status for the members.

f.  build and maintain a strong rapport with community stakeholders.


Article IV:  Membership

All members of the bargaining unit, as defined by the Collective Bargaining Agreement between  Indian Hill Exempted Village School District and Indian Hill Educators’ Professional Organization, upon payment of dues may become members of this organization.                  
   
Any member of the Organization may attend the regularly scheduled meetings of the Representative Council, may join the discussion of the Representative Council, but will not be given voting privileges.

Each member shall have equal voting privileges in the Organization elections, general meetings and any Organization meetings in the building in which that member is based.


Article V:  Executive Board

The officers of the Organization shall be President, Secretary, Treasurer and one Vice- President per building.  These shall be elected positions and have a term of two years.  The term begins June 1 and ends May 31.

These seven officers comprise the Executive Board.  The Executive Board shall have full governing powers.


Article VI:  Representative Council
The Representative Council shall consist of the Executive Board and the Building Representatives.  There shall be at least one Building Representative per building and up to two building representatives for every 15 members or major fraction thereof for each building.  These shall be elected positions and have a term of two years.  The term begins June 1 and ends May 31.  The Representative Council shall have executive powers only.

The Representative Council shall refer major policy decisions to the general membership for their consideration. 

A quorum of the Representative Council shall be constituted by a majority of those members attending any meeting where proper notification has been given to all members.

Article VII:  Elections
   

The Vice President of each building shall be responsible for assembling a slate of officers and representatives for the upcoming term.  

The Secretary shall be responsible for conducting the election, tallying the results, and informing the members of the outcome. 
   
All ballots and records pertaining to the elections of the Organization must be secret and shall be preserved for one year from the date the election was held. 
          

Artic
le VIII:  Membership Voting   
Major policy decisions regarding membership, whether initiated in Representative Council or proposed at a general membership meeting of the Organization, shall be approved only through means of secret balloting.  The majority of votes cast shall constitute the will of the membership.


Article IX:  Amendments to the Constitution and By-Laws   

Any amendment to this Constitution may be initiated by the Executive Board, the Representative Council, or by petition signed by at least thirty percent of the current members of the Organization. Such proposed amendment must be filed in writing with the Secretary and the Secretary shall submit the said amendment in writing to all members of the Organization within fifteen school days.

No amendment shall be voted upon less than fifteen days after its submission to the membership by the Secretary. The Representative Council shall designate the time of voting upon said amendment.

The approval of two-thirds of the members of the Organization shall be necessary for the adoption of any amendments to this Constitution.

Any amendment to the By-Laws may be initiated by the Executive Board, the Representative Council, or by petition signed by at least thirty percent of the current members of the Organization.  Such proposed amendment must be filed in writing
with the Secretary and the Secretary shall submit the said amendment in writing to all members of the Organization within fifteen school days.

No amendment shall be voted upon less than fifteen days after its submission to the membership by the Secretary. The Representative Council shall designate the time of voting upon said amendment.

The approval of two-thirds of the members of the Organization shall be necessary for the adoption of any amendments to this Constitution.


BY-LAWS OF THE INDIAN HILL EDUCATORS’ PROFESSIONAL ORGANIZATION

By-Law I:  Election of Officers and Building Representatives
   
Election of officers and building representatives shall be conducted by secret ballot in each building during one day in April or May.  The secretary shall report the results of the election to the total membership within three calendar days following the election.  Terms begin on June 1.


By-Law II:  Duties of the President

1.   shall be responsible to the Executive Board, the Representative Council and the membership.
2.   shall preside at all meetings of the Organization, the Executive Board and the Representative Council.         

3.   shall represent Organization as spokesperson on matters of policy or assign responsibility for such representation.
4.   shall direct the preparation and distribution of the Executive Board and Representative Council  agendas prior to meetings as well as other reports and documents.
5.   shall meet at least monthly with the Executive Board and Representative Council.
6.   shall prepare, prior to the start of the school term, a calendar of Organization meetings and functions for the school year and coordinate the dates set with the
Superintendent to obtain maximum articulation between the Organization and Administrative activities.
7.   shall, appoint at the appropriate time a chairperson for the negotiations committee.

8.   may be a member of the negotiations committee.
9.   shall approve official communication with legal counsel.
10. shall, with the approval of the Executive Board, retain the services of professionals.


By-Law III:  Duties of the Vice-Presidents:
1.  Each Vice-President shall attend all meetings of the Organization, the Executive Board and the Representative Council.
2.  Each Vice President shall act as a liaison between the Executive Board and the building he/she represents.
3.  Each Vice-President shall conduct the annual membership drive in his/her building.
4.  Each Vice-President shall be responsible for nominating officers and representatives for his/her building for  the next term.
5.  Each Vice-President shall work closely with the representative(s) in his/her building.
6.  In the event the President is unable to carry out duties, one Vice-President shall be selected by the  Representative Council to assume the duties of the President.
7.  Each Vice President will assist in the resolution of conflicts that have failed to be resolved between administrator and teacher alone.  The Vice President will maintain confidentiality of all parties.


By-Law III:  Duties of the Secretary:
1.  shall attend all meetings of the Organization, the Executive Board and the Representative Council.         
2.  shall keep a careful record of the proceedings, including attendance, of all meetings of the Organization the Executive Board and the Representative Council. 
3.  shall submit the minutes of these meetings to all members of the Representative Council.
4.  shall notify the membership of proposed Constitutional and By-Law amendments.
5.  shall keep a file of all incoming and outgoing correspondence of the Organization.
6.  shall conduct the election of officers and building representatives for the upcoming term, tally the results and share the outcome with members.


By-Law IV:  Duties of the Treasurer:

1.  attend all meetings of the Organization, the Executive Board and the Representative Council 2.  hold the funds of the Organization and disburse them upon authorization of the Executive  Board       
3.  work with school treasurer to collect annual dues.
4.  keep accurate accounts of receipts and disbursements.
5.  provide financial report at each meeting of the Representative Council.
6.  prepare an annual financial statement to members as directed by the Executive Board.
7.  The other 
member of the Executive Board must be available to sign checks in the absence of the Treasurer.  The person must also be bonded for the amount of $50,000. 

By-Law V:  Duties of the Building Representatives:
1.  share minutes of the Executive Board meeting with members of the building
2.  convey recommendations from members in his/her building to the Executive Board
3.  assist the Treasurer in the collection of dues
4.  assist the Secretary in the distribution and collection of ballots

5.  attend all official meetings of the Organization or provide an alternate in his/her absence
6.  collaborate with individual members who have professional problems and, when necessary, seek needed assistance from the Organization.

By-Law VI:  Due Process:
1.  Officers of the Organization may be impeached for violation of the Ohio Department of  Education Code of Ethics.

2.  Impeachment proceedings must be initiated by written petition submitted to the Executive Board by at least twenty-five percent of the members.


3.  If, after a due-process hearing, a two-thirds vote of the Executive Board shall sustain the charge, the office shall become vacant.

4.  No Organization member may be censured, suspended, or expelled without a due-process hearing. 

              
5.  Fair and equitable procedures shall be used in any disciplinary action taken against any members. These include: (1) all members are treated the same without regard to race,sex, religion, or political persuasion, (2) all members have  a right to a fair hearing before the Executive Board prior to such disciplinary action being taken, (3) disciplinary action can only be taken for gross violations of the Constitution, its Bylaws, or procedures of actions ratified by a majority of the dues paying membership.

 Disciplinary action shall consist of (1) a loss of the right to vote or hold office in the Organization and/or (2) reparation for costs or damages incurred by the organization and/or (3) other reasonable actions deemed necessary by the Executive Board.



By-Law VII:  Funding:
1.  The dues of the Organization shall be levied for the purpose of meeting the expenses of the Organization  and shall be determined by the Organization.  The fiscal year shall be September 1 to August 31. 

2. The amount collected for dues will be based on total membership and determined by the following schedule.  The annual dues will be compared to annual expenditures yearly by the Executive Board and the dues will be modified accordingly:

            % Members            Dues per Member            Total Dues Collected
                   75%                             $400                                    $52,400
                   80%                             $375                                    $52,400
                   85%                             $355                                    $52,400
                   90%                             $335                                    $52,400    

2. Dues will be collected automatically from paychecks beginning with the first pay in September through the following 10 pay periods or in one lump sum payment prior to September 1st.

4.  The Representative Council at a meeting in April or May shall determine an honorarium for  
 any officers and/or committee members as the Representative Council shall deem proper.



By-Law VIII:  Negotiations


1.  The Organization shall be represented in collective bargaining by  John P. Concannon with the law office of Freking and Betz.  This representation will be reviewed by the Executive Board on an annual basis and modified accordingly.

2.  The negotiations team shall be appointed by the Executive Board.  The team shall have the authority to bargain in good faith, make proposals and counter proposals, inform and consult with members and  Executive Board when necessary, and make a tentative agreement on a contract with representatives of the Board of Education.   
  
3.  A vote on a tentative agreement to the contract shall be made by written or electronic ballot.

a.  Written or electronic copies of the tentative agreement summary shall be given to the  membership at least 5 business days prior to ratification unless otherwise agreed upon by the membership.

b.  At least one meeting of the membership must take place prior to a contract vote. 
             
c.  The vote on the contract should take place following the meeting at a time determined by the Executive Board.

d.  No absentee or proxy votes will be allowed on contract ratification.

e.  A tentative contract will be deemed accepted by the Organization when a simple majority (fifty percent plus one vote) of the membership votes to accept the proposal.

f.  If a tentative contract is completed during the summer, when school is not in session, the   president or his/her designee  shall contact all members by school email to summarize the   tentative agreement.  There shall be sufficient time between the email and the general  meeting of the Organization to allow members to alter plans in order to attend this meeting.

g.  All ballots used in a vote regarding a contract ratification, after tabulation, will be sealed and retained by the Organization Secretary for three years or the duration of the contract.

 h.  The President or his/her designee will communicate required details of the ratification vote to the  Board’s designated representative and the membership.


By-Law IX: Affiliation
The Indian Hill Educators Professional Organization shall be an independent teachers association.


By-Law X: Ethics and Conflict of Interest
Members of the Organization who are in a position of influence and trust (fiduciaries), such as but not limited to its officers, members of the Executive Board, members of the Representative Council, and committee members, shall perform their fiduciary obligations to the Organization in such a manner as to maintain their independence both in fact and appearance. 

 Consequently, fiduciaries of the Organization will abstain from influencing or voting on issues in which the fiduciaries of the Organization, or their spouses, minor children, parents or otherwise, have a financial or business interest.


By-LawXI: Committees
a. Committees shall meet at the call of their respective Chairs.

b. Chairs of the Committees shall be appointed by the Executive Board and shall attend all meetings of that Committee

c. Chairs shall report to the Representative Council