Constitution
CONTENTS
ARTICLE I: Name
The name of this organization is the Santa Barbara City College Instructors' Association (herein referred to as the Association)
ARTICLE II: Purpose
Section 1: The purpose of this organization is to represent, as the exclusive
bargaining representative, that unit of employees of the Santa Barbara Community
College District (a.k.a. Santa Barbara City College) that includes:
a. All regular contract, tenured and tenure-track faculty employed
in the Credit and Non- Credit Divisions of the District (including those
faculty
previously
identified as regular, certificated faculty); and
b. All temporary, full-time contract faculty employed in the Credit Division
of the District; and,
c. All part-time, adjunct faculty employed in the Credit Division of the
District.
in matters pertaining to employment, compensation, benefits, working
conditions, and professional relations, pursuant to California state
law and our own
sense of professional responsibility. Section 2: Membership in and representation by this organization shall
exclude:
a. Management, supervisory and confidential employees; and
b. Part-time faculty of the Continuing Education Division; and
c. All other employees of the District not specifically identified in Section
1 above.
Top: ARTICLE III: Membership
Section 1: Association Membership in the Instructors Association is available
to all unit members as identified in Article II, Section #1 above. Management,
supervisory, confidential, and all other employees as specified in Article
II, Section #2 above shall be excluded from organizational membership per section
3540.1-3545 of the California Government Code.
Section 2: Association Membership is on an individual annual basis and becomes
effective on payment of annual membership dues and assessments.
Section 3: Only dues-paying members of the Association shall have the right
to vote on Association and contract issues, including contract ratifications.
Section 4: Membership in other professional organizations does not preclude
membership in the Association.
Section 5: The Association may establish in its Bylaws other reasonable
criteria for membership, and may make reasonable provisions for revoking
membership
should the need arise.
Section 6: Each member of the Association is entitled to one vote on
issues presented to the membership.
ARTICLE IV: Dues and Assessments
Section 1: Annual dues shall be proposed by the Executive Board after due
consideration of the projected cost of operating the Association. The membership
will then approve or disapprove the dues in a secret ballot. The issue shall
be decided by a majority of those members voting. Absent any proposed change
in annual dues by the Executive Board, the annual dues shall be as assessed
during the immediately preceding academic year.
Section 2: Temporary employee members of the Association who are employed
60 percent (60%) of full-time or less shall not be assessed dues in excess
of
50 percent (50%) of the lowest full-time membership assessment.
Section 3: When a financial emergency
is deemed to exist by the Executive Board, the Board may propose to the membership
a special assessment which
shall be
considered separate and independent of regular annual dues. The membership
will then approve or disapprove the assessment by a secret ballot. The
issue shall be decided by a majority of those members voting.
Section 4: Members of the represented Unit, as defined in Article II above,
who do not elect to become dues paying members of the Association, may,
at the sole discretion of the Executive Board, be assessed a “fair share
service fee” equal to, or less than the annual dues charged to
dues-paying members of the Association. Unit members paying fair-share
service fees and
who are not members of the Association shall have no right to vote on
Association and contract issues, including contract ratifications.
Top: ARTICLE V: Executive Board,
Officers, and Duties
Section 1: The membership of the Association shall elect nine (9) members
to form an Executive Board, each serving two-year terms.
A. No fewer than five (5) members of the Executive Board
shall be regular contract, tenured and tenure-track faculty. The two year
terms shall
be staggered with
half (±1) of the members being elected in the odd numbered years and
half (±1) of the members elected in the even numbered years.
B. No fewer than three (3) members of the Executive Board shall be employed
by the district as adjunct faculty employed in the Credit Division. The
two year terms shall be staggered with half (±1) of the adjunct members
being elected in the odd numbered years and half (±1) of the adjunct
members elected in the even numbered years.
Section 2: Nominations and elections--A Nominating Committee of not less
than three (3) nor more than seven (7) persons shall be appointed by
the Executive
Board each academic year during the Spring semester The nominating
committee shall seek written nominations from the general membership
and shall nominate
at least one person for each vacancy. Nominations may be made from
the floor at the time the Nominating Committee makes its report to the
Executive Board
at a time no later than April 15 of each year.
Section 3: Elections to the Executive Board shall be held in the spring
of each year. Elections shall be conducted by secret ballot. Positions
on the
Executive Council shall be filled by those candidates receiving
the greatest number of votes. Tie votes shall be decided by a draw of lots.
A. Executive Board seats for regular contract members, up to the minimum
number specified in Article V Section 1A, shall be filled by those
regular contract
candidates receiving the greatest number of votes.
B. Executive Board seats for adjunct members, up to the minimum number
specified in Article V Section 2A, shall be filled by those adjunct
candidates receiving
the greatest number of votes.
C. All other Executive Board seats shall be filled by those candidates,
either regular or adjunct, receiving the greatest number of votes
after the minimum
required representation levels are satisfied.
D. Tie votes shall be decided by a draw of lots.
Section 4: The Executive Board shall
elect a President, a Vice-President,
a Secretary, and a Treasurer and
such other officers as it shall deem fitting. All officers
shall be members of the Executive Board
elected
by the membership.
The remaining members of the Executive Board shall be designated
Members-at-Large.
A. The President, Vice-President, Secretary, and Treasurer
shall be elected by a simple majority of the Executive Board,
and shall
serve
one (1) year
terms with no limit on consecutive terms. The election of
officers shall take place
at the first Executive Board meeting following the general
election of the Executive Board members.
Section 5: Duties
A. Executive Board -- It shall be the duty of the Executive
Board to call general meetings of the Association,
to prepare the agenda
for
such meetings,
to recommend
resolutions to the Association for adoption, to
form all committees, and to appoint membership thereto, and to attend to
all
business
that does not
call
for consideration by the general membership.
The Executive Board is empowered to create Bylaws
and rules necessary for the operation of the Association
by an affirmative
vote of a
least six (6)
members
of the Executive Board. Such actions shall be ratified
by a majority of those members present at the next
general meeting
of the Association.
B. President--It shall be the duty of the President
to preside over all general meetings of the Association,
to chair the
Executive Board,
to represent the
Association before all public bodies, and to perform
all other duties deemed appropriate by the Executive
Board.
C. Vice-President--It shall be the duty of the
Vice-President to perform the duties of the President
in the absence
of the President.
D. Secretary--It shall be the duty of the Secretary
to keep minutes of all meetings of the Association
and the Executive
Board and to
make the minutes
available to the membership, to conduct correspondence
on behalf of the Association, to attend to
announcements of meetings,
and to perform
all other duties deemed
appropriate by the Executive Board.
E. Treasurer--It shall be
the duty of the Treasurer to maintain the
Association's financial books and
records, to receive and
disburse
the monies of the Association,
to present an annual accounting to membership
of the Association and to perform all other
duties
deemed appropriate by the Executive
Board.
The Treasurer
shall be bonded to an extent deemed appropriate
by the Executive Board at the Association's
expense.
F. Members-at-Large--It
shall be the duty of the Members-at-Large
to support the officers in the
performance of their
duties and to perform
all other
duties deemed appropriate by the Executive Board.
Section 6: Recall of Executive Board
Any and all officers and members of the Executive
Board shall be subject to a recall
election upon presentation
of a petition
containing
the
signatures of at least forty (40%)
percent of the membership of the Association. Such
a petition, specifying the individual(s)
subject to recall, shall be presented to the Executive
Board. The Executive Board
shall, within
one week of receipt
of the petition, appoint a committee
to conduct the recall election. No individual subject
to recall shall
serve on the
election committee.
Within one month
of
receipt of the petition the election
committee shall
conduct a recall election at which
time the membership shall be presented
with a ballot
slate for the
positions subject to recall. The recall
committee shall designate the
ballot slate, which must list at least
one candidate for each position other than
the individuals subject to recall,
but may also include the individuals. The positions shall be
filled by
the candidates(s)
receiving the
greatest number
of votes as described in Article V
Section 3.
{Amendment to Article V Ratified by Vote of
the Membership:11/18/05}
Top: Article VI: Initiation of Business
Any member of the Association may present matters for consideration
to the Executive Board by submitting a written request to the Executive Board
Secretary at least forty-eight (48) hours in advance of a meeting of the
Executive Board.
ARTICLE VII: Meetings of the Association
Section 1. A general meeting of
the Association shall be held at least once each year.
Section 2. Admission to all general meetings of the Association shall
be open only to members of the bargaining unit and guests approved by
the Executive
Board.
Section 3. A quorum for a general meeting of the Association shall consist
of not less than five (5) percent of the total membership. Written notice of
each meeting must be given at least forty eight (48) hours in advance. All
issues are decided by a simple majority vote of those members present unless
otherwise specified in the Bylaws.
Section 4. A meeting of the Executive Board shall be held at least once
a month throughout the calendar year.
Section 5. A quorum for a meeting of the Executive Board shall be not
less than five (5) members of the Executive Board. All issues are decided
by a
simple majority vote of those members present unless otherwise specified
in the Constitution
or Bylaws.
Section 6. Admission to all meetings of the Executive Board shall be
open only to Association members and guests approved by the Executive Board.
The
Executive
Board, at its sole discretion and by a majority vote of those Executive Board
members present, may convene in executive session to discuss matters dealing
with grievance, conciliation, and salary negotiations.
Section 7. Robert's Rules of Order, Revised, shall be the parliamentary
authority insofar as it does not conflict with the Association's Constitution
or Bylaws.
Top:
ARTICLE VIII: Amendments
Section 1. Amendments to this Constitution may be proposed by any of the following
means:
A. Upon presentation to the Executive Board of a petition
containing the proposed amendment and the signatures of no less than twenty
percent
(20%) of the general
membership.
B. By a motion of any member of the Executive Board that is approved by no
less than five (5) members of the Board.
C. By a motion of any member of the Association made in a General Meeting
of the Association and approved by no less than fifty percent (50%) of those
members
present.
Section 2. After an amendment has been proposed by one of the above means,
the Executive Board shall appoint and convene a Committee on Constitutional
Revision to review the proposed amendment for clarity and consistency
with the balance of the Constitution and Bylaws, to prepare and/or
solicit written
arguments for and against the proposal, and to present the proposal,
with arguments, to the membership. The initiators of the proposal
or his/her/their
representative
shall hold one voting seat on this committee. If in the review and
clarification process any dispute arises, the position of the initiators
shall prevail.
Section 3. The proposed amendment, with arguments, will be distributed
to all members of the Association within one (1) month of acceptance
of the
proposal
under Section 1 above.
Section 4. Ratification of the proposed amendment shall require an
affirmative vote of two-thirds (2/3) of the membership actually voting.
The election
shall be by secret, written ballot taken no earlier than five (5)
working' days nor
later than ten (10) working days following distribution of the proposed
change to the membership.
Section 5. Changes in the Association's Bylaws, other than those
initiated and passed by the Executive Board (Article V, Section 5,
paragraph
A), may be achieved by the Association membership in the same manner
as a Constitutional
Amendment (Article VIII, Section 1-4) with the exception that only
a majority of those members voting will be required for ratification.
Changes in the
Bylaws resulting from this initiative process shall be subject to
further change only
through the same initiative process.
Section 6. Any changes to the Bylaws made by the Executive Board
must be distributed to the general membership in written form within
one
(1) workweek
of the changes.
Section 7. If any provision of the Constitution is found invalid,
the remaining provisions shall continue in full force and effect.
Top:
ARTICLE IX: Incorporation
Section 1: The Instructors' Association shall be incorporated as a nonprofit organization pursuant to appropriate state and federal statutes.
|
