OEA OHIO EDUCATION ASSOCIATION

AMENDED AND RESTATED CONSTITUTION

AND BYLAWS

2017-18 LAST AMENDED AT OEA SPRING REPRESENTATIVE ASSEMBLY

MAY 2017

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CONSTITUTION AND BYLAWS

INDEX Absence Article V §1 Active Members Article II §1; Bylaws 2-1(a), 2-

1(c), 2-4(a) Ad Hoc Committees Article V §7; Bylaw 8-7 Administrators Bylaw 3-1 Affiliation Article IX; Bylaw 9 Affirmative Action Article V §1, §2; Bylaws 6-3,

9-2 Agenda Bylaws 4-2(e), 5-3(b) Alternate Delegates Bylaws 4-3, 4-9 Alternates to Board of Directors Article V §3 Amendments Article X; Bylaw 4-2(f) Appeals Board Articles VII; Bylaw 7 Appointments Articles VI §4, VII §2, §3, §4,

VIII §2; Bylaws 5-3, 8-2, 8-3, 8-5, 8-8

Apportionment See Reapportionment Associate Members Bylaws 2-1(a), 2-1(i) Associate Organizations Bylaws 9-1, 9-6 At-Large Board of Director Members Articles III §3, V §1, §3, VI §4 At-Large Delegates Bylaw 4-3 Audit Article V §2; Bylaw 11-5 Audit Committee Article V §2; Bylaws 8-3,

8-5(a) Ballots Article X §4; Bylaws 4-3(f), 4-

4, 4-9(h)(2), 9-2 Board of Directors Article V Bonding Article V §2

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Budget Article V §2; Bylaws 2-4(d), 4-

1(2), 4-2(d), 5-5(g), 11-3 Code of Ethics Articles II §2, V §2, §5, VI §5,

VII §8; Bylaws 2-1, 9-2, 9-6 Collective Bargaining Articles V §2, VIII §1; Bylaws 1-3,

4-6, 6-2, 6-3 Committees Board of Directors Article V §6 Awards Committee Bylaw 8-6 (c) Business/Support/Administration Bylaw 8-6 (b) Constitution and Bylaws Committee Bylaw 8-6 (a)

Standing Committees Article VIII §1; Bylaws 4-1(a),

8-3, 8-4 Collective Bargaining and Member Bylaws 8-3, 8-4(e) Advocacy Convention Planning Committee Bylaws 4-1(b), 4-9(f)(4)(a), 8-

3, 8-4(f) Credentials Committee Bylaw 4-9(e) Human and Civil Rights Committee Bylaw 8-3, 8-4(d) Legislative Committee Bylaws 5-4(b), 8-3, 8-4(g) Local Development and Training Bylaws 8-3, 8-4(a) Organizing Strategy Committee Bylaws 8-3, 8-4(b) Professional Efficacy Bylaws 8-3, 8-4(c) Referral Committee Bylaw 2-4(d) Resolutions Committee Bylaws 8-3, 8-4(h) Special Standing Committees Bylaws 8-3, 8-5 Audit Committee Bylaws 8-3, 8-5(a) Nominations Committee Bylaws 5-2, 8-3, 8-5(c) Reapportionment Committee Article III §2(a), §3; Bylaws 8-

3, 8-5(b) Corporate Membership Bylaw 2-1(h) Delegate Guarantees Bylaw 4-8 Delegate Status by Virtue of Office Bylaws 4-4, 4-5, 4-6, 4-9(a) Delegates NEA Article V §2, §3; Bylaws 5-5, 9-8 OEA Article IV §2, §5; Bylaws 2-2(f), 4-

3, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9, 5-5 Departments Bylaws 9-1, 9-2, 9-3, 9-4, 9-8 Disaffiliation Article IX §2; Bylaw 9-1 Discipline Affiliates Article IX §2 Members Articles II §2(f), V §2, VII §2; Bylaws

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2-2(c), 2-2(e), 2-6, 7-1 District Affiliation Article IX §1; Bylaws 9-1, 9-2 District Associations Article V §2, §3; Bylaws 4-5,

9-1, 9-2, 9-3, 9-5 District Presidents Article V §3; Bylaws 4-5, 8-5 Divisions Education Professionals Articles III §1, §2, V §3;

Bylaws 3-1, 4-3, 4-9, 8-1, 8-2 Higher Education Articles III, V §3; Bylaws 3-2,

4-3, 4-9(g), 8-1, 8-2 OEA Retired Members Article III; Bylaws 2-1, 3-3, 4-

3(d), 4-9(i), 8-1, 8-2 Ohio Student Education Association Article III; Bylaws 2-2, 4-9(h),

8-1, 8-2 Dues Bylaws 2-4, 2-5, 4-2(c) Delinquent Bylaw 2-5 Life Members Bylaw 2-1(g) Dues Transmittal Bylaw 2-5 Education Support Professionals Article V §1; Bylaws 3-1, 8-3, 9-2 Educators’ Bill of Rights: Preamble to Constitution Bylaw 1 Elections Delegates Articles IV §2, §5, V §2;

Bylaws 2-2, 4-3, 4-9, 5-5, 7-1 Officers Articles V §3, VI §3; Bylaws 4-

1, 4-2, 4-4, 5-2, 7-1, 9-5 Electoral Unit Articles III §2, §3, V §1;

Bylaws 4-3, 4-8, 4-9, 9-1, 9-5 Employment, Staff Article V §2; Bylaws 2-1, 2-

4(b), 6-2, 6-3, 6-4 Ethics See Code of Ethics Ethnic-Minority Articles II §2, V §1, §2;

Bylaws 4-3, 6-3, 9-2 Executive Director Articles V §2, VI §2; Bylaw 6 Expenses Appeals Board Article 7 §2 Officers Bylaw 5-6 Past Presidents Bylaw 4-6

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Expulsion of Members See Discipline of Members General Fund Bylaws 5-5, 11-1 Half-Dues Affiliates Bylaw 2-4 Half-Year Dues Bylaw 2-4 Headquarters Bylaw 6-5 Higher Education See Division of Higher Education Imbalance between Electoral Units Article III §3 Indemnification Article XI Jurisdictional Categories Bylaw 9-4 Leave of Absence Board of Directors Article V §1 Members Bylaw 2-1 Life Membership Bylaws 2-1, 2-2(a) Mail Ballots Article V §3 Membership Classes Article II §1; Bylaw 2-1 Continuous Bylaw 2-2(c) Dues Bylaw 2-4 Eligibility Article II §2; Bylaws 2-1, 2-2 Expulsion See Discipline of Members Rights and Limitations Bylaws 1, 2-2 Year Bylaw 2-3 Minority Caucus Bylaw 8-3 NEA Convention Bylaw 9-8 NEA Delegates Bylaws 5-5, 9-8 NEA Directors and Alternates Article V §1, §2, §3, §4, §5, §7,

§8, §12 NEA Resolutions Committee Bylaw 8-3 New Business Items Bylaw 4-10 Nomination of Officers Articles V §3, VI §3; Bylaw 5-2 Nominations Committee Bylaws 5-2, 8-3, 8-5(c) Officers Article VI; Bylaws 5, 6-2

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Operating Reserves Bylaws 11-1, 11-4 Parliamentarian Bylaws 4-1(c), 9-8 Parliamentary Authority Article X §6 Past President Bylaw 4-6 Postponement of Meetings Articles IV §4, V §12 President Articles III §3, V §1, §2, §6, §7,

§8, §12, VI, IX §3; Bylaws 4-1, 4-4, 5-1, 5-2, 5-3, 5-6, 8-3, 8-4, 8-5, 8-7, 8-8, 11-2

Presidents (District Associations) Article V §3; Bylaws 4-5, 8-7 Property Interest Article II §3 Pro Rata Dues Bylaw 2-4 Publications Bylaw 10-1 Qualifications for Office Articles V, VI §2; Bylaws 4-9,

5-1, 5-2 Quorum Article V §8 Reapportionment Articles III §2, §3; Bylaws 8-3,

8-5(b) Reapportionment Committee District Article III §3 OEA Article III §2, §3; Bylaws 8-3, 8-5(b) Recall Appeals Board Article VII §8 Board of Directors Members Article V §5 Officers Articles VI §5, VII §1, §8; Bylaw

7-1 Removal (Committee Member) Bylaw 8-3 Representative Assembly NEA Article V §2; Bylaw 9-8 OEA Articles I §3, IV, V §5; Bylaws

11-3, 11-4, 11-5 Agenda Bylaws 4-1, 4-2, 5-3 Composition Article IV §2 Delegates See Delegates (OEA) Functions Article IV §3; Bylaw 4-2 Meetings Articles IV §4, V §2; Bylaws 4-1 Postponement Article V §12

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Size Bylaws 4-3, 4-7 Special Sessions Bylaw 4-1 Standing Rules Articles I §3, IV §6; Bylaws 8-4 Resolutions Committee See Committees Retired Members Bylaw 2-1 Run-Off Elections Article V §3 Secret Ballot Voting Articles V §2, X §4; Bylaws 4-

4, 4-5, 4-6, 4-9, 9-2, 9-5 Secretary-Treasurer Articles III §3, V §1, §2, §8, §9,

§12, VI; Bylaws 4-8, 4-9, 5-2, 5-5, 5-6, 9-8, 11-1, 11-2, 11-5

Special Standing Committees Bylaws 8-3, 8-5 Special Interest Groups Bylaw 9-7 Staff See Employment, Staff Staff Members Bylaws 2-1, 2-4, 6-2, 6-3 Standards for Affiliates Bylaws 9-1, 9-2, 9-5, 9-6 Standing Committees Article VIII §1; Bylaws 8-3, 8-4 Standing Rules Articles I §3, IV §6, VII §1;

Bylaws 4-2, 8-4, 9-8 Student Members Bylaws 2-1(e), 2-2, 2-4 Subcommittees Article V §6, §7 Succession Board of Directors Members Article V §4; Bylaw 8-7 Officers Article VI §4 Task Forces Bylaw 8-7 Terms Appeals Board Member Article VII §5; Bylaw 8-3 Committee Member Article VIII §2; Bylaws 8-3, 8-4, 8-8 Delegate Bylaw 4-9 Term of Office Board of Directors Members Article V §3 Officer Article VI §3 Trusteeship Article IX §3 Unification Bylaw 9-2(a)

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Vacancies Board of Directors Member Article V §4 Officers Article VI §4 Vice President Articles III §3, V §1, §12, VI; Bylaws 5-1, 5-2, 5-4, 5-6, 6-2 Women's Caucus Bylaw 8-3 Write-In Candidates for Office Article V §3

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AMENDED AND RESTATED 1 CONSTITUTION OF THE OHIO EDUCATION ASSOCIATION 2

3 PREAMBLE 4

5 We, the members of the Ohio Education Association (“OEA” or the 6 “Association”), in order that the Association may serve as spokesperson for 7 education in the State of Ohio, advance the cause of education for all 8 individuals, promote professional excellence among educators, promote 9 recognition of the basic importance of the professional educator in the 10 learning process, protect the rights of educators and advance their interests 11 and welfare, secure professional autonomy, unite educators for effective 12 citizenship, promote and protect human and civil rights, and obtain for its 13 members the benefits of an independent, united education profession, do 14 hereby adopt this amended and restated Constitution (the “Constitution”) to 15 serve as the code of regulations for the Association. 16 17

Educators' Bill of Rights 18 19

The Association recognizes that a free society is dependent upon the 20 education afforded its citizens. In order to develop and preserve respect for 21 the educational process and for the worth and dignity of all persons to 22 provide a climate in which actions develop as a consequence of rational 23 thought, and to insure intellectual freedom, the Association in a Bill of 24 Rights, as written in the Bylaws, affirms that educators must be free to 25 contribute fully to an educational environment which secures the freedom to 26 teach and the freedom to learn. 27 28

ARTICLE I 29 NAMES, GOALS AND OBJECTIVES, 30

AND AUTHORITIES FOR GOVERNANCE 31 32

Section 1. Name. The name of this organization shall be the Ohio 33 Education Association. 34 35 Section 2. Goals and Objectives. The goals of the Association shall be 36 as stated in the Preamble. In carrying out the stated goals, the OEA shall 37 have all power necessary and proper to take action for the attainment of 38 these goals; to receive, hold, and administer funds and property; and to 39 enjoy the advantage of a non-profit corporation under Ohio laws. Nothing in 40 this Constitution or in the Bylaws shall be construed to prevent the 41 Association from pursuing objectives, which are consistent with the stated 42 goals of the Association. 43 44 Section 3. Governance. The Association shall be governed by its Articles 45 of Incorporation, this Constitution (otherwise referred to under Ohio law as 46 the code of regulations), the Bylaws, the Standing Rules, and such other 47 actions as the Representative Assembly and the Board of Directors may 48 take consistent therewith. 49 50

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ARTICLE II 51 MEMBERSHIP 52

53 Section 1. Classes of Membership. Membership in the Association shall 54 comprise a class of active members and such other classes as may be 55 provided in the Bylaws. 56 57 Section 2. Membership Eligibility. 58 59 a. Membership, as provided in the Bylaws, shall be open to all persons 60

actively engaged in the profession of teaching or in other educational 61 work or to persons interested in advancing the cause of public education 62 who shall agree to subscribe to the goals and objectives of the 63 Association and to abide by its Constitution and Bylaws. 64

65 b. Members shall adhere to the Code of Ethics of the Education 66

Profession. 67 68 c. An application for membership shall be subject to review by the Board of 69

Directors. 70 71 d. The Association shall not deny membership to individuals on the basis 72

of age, ancestry, sex, race, color, creed, religion, sexual orientation, 73 marital status, national origin, residence, disability, economic status or 74 degree of association activity, nor shall any organization which so 75 denies membership be affiliated with the Association. 76

77 e. Membership rights shall be as described in the Bylaws. 78 79 f. A member may be expelled as a result of: 80 81 (1) Flagrant or continued violation of recognized professional 82

standards, including the provisions of the Code of Ethics of the 83 Education Profession; 84

85 (2) Personal advocacy of, or membership in, an organization, which 86

advocates changing the form of government of the United States 87 by unconstitutional means; 88

89 (3) Conviction of a felony; 90 91 (4) Actively engaging, or actively supporting, activities directed against 92

the constitutional purposes of the Association, to bring about 93 changes in the Association by means other than those that are 94 consistent with the OEA Constitution. 95

96 Section 3. Property Interest of Members. All rights, title, and interest, 97 both legal and equitable, of a member in and to the property of the 98 Association shall end upon the termination of the individual's membership. 99 100

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ARTICLE III 101 GOVERNANCE STRUCTURE 102

103 Section 1. Divisions. The Association shall be comprised of a Division of 104 Education Professionals, a Division of Higher Education, The Ohio Student 105 Education Association Division and The Division of OEA Retired. 106 107 Section 2. Electoral Units. For the purpose of governance elections, 108 Divisions shall be divided into electoral units. 109 110 a. The Division of Education Professionals shall be divided into electoral 111

units, which shall be constructed within the boundaries of the existing 112 District Associations. Each District shall be guaranteed at least one 113 electoral unit. The OEA Reapportionment Committee, as defined at 114 Bylaw 8-5b, shall determine the number of units as outlined in Section 3 115 of this Article. 116

117 b. The Division of Higher Education shall have at least one statewide 118

electoral unit. 119 120 c. The Ohio Student Education Association Division shall have one 121

statewide electoral unit. 122 123 d. The Division of OEA Retired shall have one statewide electoral unit. 124 125 Section 3. Apportionment. 126 127 a. The electoral units shall be balanced by the District Reapportionment 128

Committee(s) as closely as possible within the one-member, one-vote 129 concept. The Reapportionment Committee shall meet annually in 130 February for the purpose of verifying active membership records and 131 certifying to the OEA Board of Directors and the District 132 Reapportionment Committee(s) the number of electoral units allotted to 133 each District. The Reapportionment Committee shall examine, upon 134 request from the District Reapportionment Committee(s), average active 135 membership totals for each unit within the district. When a unit is to be 136 added, deleted or an imbalance between units is found to exist, the 137 District Reapportionment Committee(s) shall then make any necessary 138 adjustments of electoral units within their respective Districts. The 139 addition or subtraction of electoral units shall take effect the following 140 July 15. 141

142 b. The process for reapportionment is as follows: 143 144

(1) On or before February 21 the OEA President, Vice-President, and 145 Secretary-Treasurer shall determine the need to increase or 146 decrease units by using the January 31 membership for the current 147

year and the final membership for the previous two years to 148 determine the average active Division of Education Professionals 149 membership for the three year period; and 150

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(2) Dividing the average active Division of Education Professionals 151 membership within each district by 3,000 to determine the number 152 of units with any additional major fraction of 3,000 being 153 considered an additional unit; and, 154

155 (3) If an additional unit is required or a unit is to be eliminated, notify 156

the affected District(s) of the increase or decrease in unit(s) due 157 them. 158

159 The District Reapportionment Committee(s) upon receiving said notice 160

may: 161 162 (1) Make any necessary adjustments of electoral units within their 163

respective districts balancing them as closely as possible to the 164 one-member, one-vote concept; or, 165

166 (2) In the case of an increase in the number of units, create a District 167

at-large seat until the next reapportionment. The addition(s) shall 168 take effect the following July 15. 169

170 For the purpose of maintaining staggered terms of office, the District 171

Reapportionment Committee(s) shall determine the length of the term of 172 office for a new unit. The length of this initial term of office shall not 173 exceed three (3) years and if the at-large seat option was chosen, the 174 term cannot extend beyond July 14 of the year in which the next 175 reapportionment occurs. 176

177 ARTICLE IV 178

REPRESENTATIVE ASSEMBLY 179 180

Section 1. Representative Assembly. There shall be a Representative 181 Assembly. 182 183 Section 2. Composition. The Representative Assembly shall be 184 composed of delegates determined by procedures set forth in the Bylaws. 185 186 Section 3. Function. The Representative Assembly shall be the supreme 187 governing body of the Association and shall perform such functions as 188 stipulated by the Bylaws. 189 190 Section 4. Meetings. 191 192 a. The Representative Assembly shall meet at least semi-annually. 193 194 b. In the event of an emergency, the Board of Directors may postpone a 195

semi-annual meeting as provided in Article V, Section 12. 196 197 Section 5. Seating of Delegates. The Representative Assembly shall 198

have final jurisdiction over the seating of its delegates. 199 200

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Section 6. Standing Rules. The Representative Assembly shall adopt 201 and publish standing rules, which govern its conduct and are consistent with 202 the Constitution and Bylaws. 203

204 ARTICLE V 205

BOARD OF DIRECTORS 206 207

Section 1. Board of Directors Membership and Qualifications. 208 209 a. The Board of Directors shall be composed of the three (3) elected 210

officers, the four (4) at-large members elected by the Representative 211 Assembly, one (1) of whom shall be elected from the membership of the 212 education support professionals, the Ohio NEA Directors, and no more 213 than one (1) representative per unit elected as prescribed in Article III 214 herein. Ethnic-minority representation shall be guaranteed at least 215 proportional to the Association ethnic-minority membership. 216

217 b. A Board of Directors’ member shall relinquish that position when the 218

member ceases to be employed in the unit or in the membership 219 classification from which the member was elected, including when a 220 member has retired and is subsequently re-employed in the same unit 221 of representation. A unit member shall resign when on leave-of-222 absence from the employing school district for more than six (6) 223 consecutive months for any reason other than official Association 224 business. 225

226 Section 2. Functions of the Board of Directors. 227 228 The Board of Directors: 229 230 a. General 231 232 (1) Shall determine the time and place of the Representative 233

Assembly. 234 235 (2) Shall act for the Association and make corporate policy decisions 236

for the Association between meetings of the Representative 237 Assembly, within the policy guidelines prescribed by the 238 Representative Assembly. 239

240 (3) Shall establish guidelines for the accountability of Board of 241

Directors’ members. 242 243 (4) Shall implement policies established by the Representative 244

Assembly. 245 246 (5) Shall receive all reports of the member committees and board 247

subcommittees and shall transmit, with its recommendations, such 248 reports as may be appropriate to the Representative Assembly. 249

250

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(6) May call a meeting on written request of one-fourth (1/4) of its 251 members. 252

253 (7) Have the right to vote and otherwise act as provided in the Bylaws. 254 255 b. Financial 256 257

(1) Shall cause to be prepared the biennial budget for the Association 258 and shall be responsible for the fiscal affairs of the Association. 259

260 (2) Shall insure that a financial report of all monies is delivered to the 261

Representative Assembly at each of its meetings. 262 263 (3) Shall cause an Audit Committee to be formed as provided in the 264

Bylaws and shall engage an independent auditing agency to 265 conduct an annual audit of all Association funds. 266

267 (4) Shall direct that adequate bond be required of the Secretary-268

Treasurer, the Executive Director and such other individuals as it 269 may determine. 270

271 c. Administration 272 273

(1) Shall select and employ the Executive Director and determine the 274 terms of the Executive Director's contract. 275

276 (2) Shall be authorized to ratify and enter into collective bargaining 277

agreements with organizations representing OEA staff. 278 279 (3) Shall establish District boundaries as provided herein. 280 281 (4) Unit members shall be voting members of their District Executive 282

Committee/Board of Directors. 283 284 (5) Unit members shall meet regularly with their local councils. 285 286 (6) Shall hear challenges to election of members of the Representative 287

Assembly or the Board of Directors filed by any member and set 288 aside any election found not to have been conducted pursuant to 289 the Association Constitution and Bylaws. 290

291 (7) May expel any OEA member, with a two-thirds (2/3) vote by secret 292

ballot, in accordance with provisions set forth in the Bylaws and 293 assuring the member all-procedural and substantive rights of due 294 process subject to action on any expulsion by the Appeals Board. 295

296 (8) Shall provide for the election of state delegates to the NEA 297

Representative Assembly. 298 299 (9) Shall provide the ethnic-minority representation on all committees 300

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over which it has direct control. 301 302

(10) May consider expulsion of a member as a result of: 303 304

(a) Flagrant or continued violation of recognized professional 305 standards, including the provisions of the Code of Ethics of 306 the Education Profession. 307

308 (b) Personal advocacy of, or membership in, an organization 309

which advocates changing the form of government of the 310 United States by unconstitutional means. 311

312 (c) Conviction of a felony. 313 314 (d) Actively engaging, or actively supporting, activities directed 315

against the constitutional purposes of the Association, to bring 316 about changes in the Association by means other than those 317 that are consistent with the OEA Constitution. 318

319 Section 3. Elections and Terms. 320 321 a. Members of the Board of Directors, as established in Article V, Section 322

1, shall be elected to staggered terms so that an election is held yearly. 323 324 b. The election of Board of Directors’ members shall be by majority vote 325

except that, when the ethnic-minority membership of the Board of 326 Directors falls below the proportion of ethnic-minority membership in the 327 Association, the ethnic-minority candidates for an at-large position with 328 the largest number of votes shall be elected. 329

330 c. In the event that after nominations are closed there is only one 331

candidate on the ballot for a position, the secret ballot election shall be 332 dispensed with and the unopposed candidate shall be declared elected 333 to the position. Write-in voting shall be prohibited in all elections subject 334 to this section of the Constitution. 335

336 d. In the event there are more than two candidates and no candidate 337

receives a majority of the votes cast, a runoff election shall be held 338 immediately. In such an election, the names of the candidates with the 339 two highest number of votes cast in the previous election shall be placed 340 upon the ballot. This procedure shall continue until one candidate 341 receives a majority of the votes cast. 342

343 e. The terms of all Board of Directors’ members, except for the three (3) 344

elected officers and the NEA Directors, shall be for three (3) years. The 345 terms of the NEA Directors shall be established by the NEA 346 Constitution, Bylaws and other applicable governing documents. No 347 member of the Board of Directors may be elected for more than two (2) 348 consecutive, three (3) year terms in any position. At-large members of 349 the Board of Directors may be elected to no more than two (2) 350

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consecutive, three (3) year terms. 351 352 f. At-large members of the Board of Directors and the Ohio NEA Directors 353

shall be elected by the delegates to the Spring Representative 354 Assembly. 355

356 g. The Education Professionals unit members of the Board of Directors 357

shall be elected at the District Representative Assembly by their 358 respective Education Professional unit delegates. 359

360 (1) The District delegates shall be: (a) the OEA delegates elected from 361

the units within the District as defined in Bylaw 4-9; and (b) as 362 provided under the Constitutions and/or Bylaws of the District 363 Associations applying the one-person, one-vote principle. 364

365 (2) When additional Education Professional electoral units have been 366

created, a special election shall be held at the next regular District 367 Representative Assembly. The Education Professional unit 368 members shall be elected by their respective unit delegates at the 369 District Representative Assembly and shall take office the following 370 September and shall serve the regular term established for these 371 Education Professional units. 372 373

h. The District President shall upon election be declared elected first 374 alternate to the unit member(s) of the OEA Board of Directors. The 375 District President-Elect/Vice-President shall upon election be declared 376 elected second alternate to the unit member(s) of the OEA Board of 377 Directors. The District Past-President shall upon taking office be elected 378 third alternate to the unit member(s) of the OEA Board of Directors. The 379 alternate shall serve for temporary absences only and not for more than 380 three consecutive meetings. 381

382 i. The unit members of the Board of Directors from the Division of OEA 383

Retired, the Division of Higher Education, and the Ohio Student 384 Education Association Division shall be elected by their respective unit 385 members at the annual spring meeting of the Division or by written mail 386 ballot conducted not later than the month of June, except when 387 additional electoral units have been created. In such cases, a special 388 election, which may be conducted by written mail ballot, shall be held by 389 the unit members. The terms of unit members shall begin on July 15 390 following their election and shall remain in office through July 14 of the 391 year in which a successor is to be elected, except that the terms of unit 392 members of the Board of Directors elected in 2013 through 2016 shall 393 continue through August 31 in the year in which a successor is to be 394 elected, and for elections held in 2017 through 2019, the terms of the 395 successors elected shall begin September 1 and end July 14. 396

397 j. The Chairperson of the Division of OEA Retired and the Chairperson of 398

the Division of Higher Education, upon election in accordance with the 399 respective Division Guidelines, shall be declared elected as the first 400

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alternate to the unit member of the Board of Directors of each respective 401 Division. The Vice Chairperson of the Division of OEA Retired and the 402 Vice Chairperson of the Division of Higher Education, upon election in 403 accordance with the respective Division Guidelines, shall be declared 404 elected as the second alternate to the unit member of the Board of 405 Directors of each respective Division. The alternate shall serve for 406 temporary absences and not for more than three consecutive meetings. 407

408 Section 4. Successions and Vacancies. 409 410 a. Excluding NEA Directors’ seats, vacancies in any Board of Directors’ 411

seat occurring by reason of death, resignation, incapacity, judgment of 412 recall, or other disqualification shall be filled from the same constituency 413 of such board member by a majority vote of the Board of Directors until 414 the next District or OEA Representative Assembly, as appropriate, when 415 a successor shall be elected to fill the remainder of the unexpired term. 416

417 b. A vacancy in any NEA Director’s seat, occurring by reason of death, 418

resignation, incapacity, judgment of recall, or other disqualification, shall 419 be filled for the unexpired term by the NEA Board of Directors, provided 420 that the OEA Board of Directors shall, by a majority vote, recommend to 421 the NEA Board of Directors a qualified Ohio person to serve until a 422 successor shall be elected at the next meeting of the Representative 423 Assembly. 424

425 Section 5. Recall. 426 427 Members of the Board of Directors may be recalled for violation of the Code 428 of Ethics of the Education Profession, for misfeasance, malfeasance, or 429 nonfeasance in duty. 430 431 a. Petitions against any elected at-large or NEA Board of Directors 432

members must be signed by: 433 434

(1) 1000 active members of the Association; or, 435 436

(2) 50 delegates of the preceding Representative Assembly; or, 437 438 (3) 10 members of the Board of Directors. 439

440 b. Petitions against the unit members of the Board of Directors must be 441

signed by: 442 443

(1) 500 active members within the unit represented by the Board 444 member; or, 445 446

(2) 20 delegates of the preceding Representative Assembly from the 447 unit represented by the Board of Directors’ member; or, 448

449 (3) 10 members of the Board of Directors. 450

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451 c. An affirmative two-thirds (2/3) vote of the Board of Directors shall be re-452

quired to order a recall hearing on these charges. The Appeals Board 453 shall have original jurisdiction in any recall hearing against any Board of 454 Directors’ member of the Association. 455

456 d. A majority vote of the members of the Appeals Board shall be required 457

to sustain the charges, recall the Board Member, and declare the 458 position vacant. 459

460 Section 6. Committees of the Board. The Board of Directors shall 461 establish the Constitution and Bylaws Committee, the 462 Business/Support/Administration Board of Directors Committee, the Awards 463 Committee, and such other committees and subcommittees, as the Board 464 of Directors deems appropriate from time to time, as further described in the 465 Bylaws. 466 467 a. The President shall appoint members of the Board of Directors to these 468

committees. 469 470 Section 7. Ad Hoc. The President may appoint members of the Board of 471 Directors to Ad Hoc Subcommittees, as the Board deems to be appropriate 472 from time to time. 473 474 Section 8. Regular and Special Meetings; Quorum. The Board of 475 Directors shall annually adopt a calendar that provides for a minimum of 476 four (4) meetings per year. Meetings will be held at an agreed upon time 477 and place. Special meetings may be held at any time and place and shall 478 be called by the Secretary-Treasurer on the request of the President or 479 upon written request of one-fourth (1/4) of the Board of Directors’ members. 480 In the absence of such a designation, all meetings shall be held at the 481 principal executive office of the Association. Any regular or special 482 meetings may be held by conference telephone or similar communications 483 equipment, as long as all Board of Directors’ members participating in the 484 meeting can hear one another, and all such board members shall be 485 deemed to be present in person at the meeting. A majority of Board of 486 Directors’ members shall constitute a quorum. 487 488 Section 9. Notice of Meetings. All notices of meetings of the Board of 489 Directors shall state the time and place of the meeting, and notices of 490 special meetings shall state the business to be brought before the meeting. 491 Meetings may be held within or out of the state of Ohio. Any notice shall be 492 in writing and shall be delivered personally, sent by telecopy or electronic 493 mail transmission, by U.S. mail, or courier service, and shall be given at 494 least five (5) days before the meeting. Attendance at the meeting by a 495 Board member, without the Board member protesting proper notice by so 496 stating before the transaction of business, shall constitute waiver of such 497 notice by such Board member. An emergency meeting shall require twenty-498 four (24) hours notice and may be called by the Secretary-Treasurer on the 499 request of the President or upon written request of one-fourth (1/4) of the 500

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Board of Directors’ members. 501 502 Section 10. Action Without Meeting. Any action which may be 503 authorized or taken at a Board of Directors’ meeting may be authorized or 504 taken without a meeting in a writing or writings signed by all of the members 505 who would be entitled to notice of a meeting of the Board of Directors held 506 for such a purpose. 507 508 Section 11. Books and Records. All books and records of the 509 Association may be inspected by any Board of Directors’ member, or his or 510 her attorney or accountant, for any purpose authorized by law at any 511 reasonable time. Each Board of Directors’ member shall, in the 512 performance of his or her duties, be fully protected in relying on information, 513 opinions, reports, or statements, including financial statements and other 514 financial data, that are prepared and presented to the Board of Directors or 515 any committee thereof, by the following: 516 517 a. One or more Board of Directors’ members, officers or employees of the 518

Association who the Board of Directors’ member believes are reliable 519 and competent in the matters prepared or presented; 520

521 b. Counsel, public accountants, or other persons as to matters that the 522

Board of Directors’ member reasonably believes are within the person’s 523 professional or expert competence; 524

525 c. A committee of the Board of Directors upon which he or she does not 526

serve, duly established in accordance with a provision of OEA’s 527 Constitution and Bylaws as to matters within its designated authority, 528 which committee the Board of Directors’ member reasonably believes to 529 merit confidence. 530 531

Section 12. Postponement of Representative Assembly. The Board of 532 Directors may, by a two-thirds (2/3) vote, postpone a semi-annual meeting 533 of the Representative Assembly in case of national or state emergency or 534 calamity. 535 536 a. In the event of such postponement, the President, Vice-President, 537

Secretary-Treasurer, NEA Directors, and any members of the Board of 538 Directors whose terms are expiring shall continue in office. 539

540 b. In the event the postponed second semi-annual meeting of the 541

Representative Assembly cannot be convened prior to July 15, the 542 President, Vice-President, Secretary-Treasurer, NEA Directors, and any 543 other members of the Board of Directors whose elections have been 544 deferred, shall take office upon the adjournment of that Representative 545 Assembly. 546

547 548 549 550

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ARTICLE VI 551 OFFICERS 552

553 Section 1. Officers. The elected officers of this Association (the “officers”) 554 shall be President, Vice-President, and the Secretary-Treasurer. The 555 corporate officers shall be President, Secretary-Treasurer, and the 556 Executive Director. The powers and duties of the officers shall be set forth 557 in the Bylaws. 558 559 Section 2. Qualifications of Officers. All elected officers shall have been 560 active members of the Association for at least two (2) years immediately 561 preceding the election and shall be actively engaged in the education 562 profession in Ohio. 563 564 Section 3. Elections and Terms. 565 566 a. The President, Vice-President, and Secretary-Treasurer shall be 567

nominated and elected in accordance with Bylaw 5. 568 569 b. The Executive Director shall be selected and employed by the Board of 570

Directors, with a term as determined by the terms of a contract to be 571 approved by the Board of Directors. 572

573 c. The terms of officers shall begin on July 15 following their election and 574

they shall remain in office through July 14 of the year in which a 575 successor is to be elected, except that the terms of the Secretary-576 Treasurer elected in 2012 and the President and Vice-President elected 577 in 2013 shall continue through August 31 in the year in which a 578 successor is to be elected, and for the elections held in 2015 and 2016, 579 the terms of the successors elected to the positions shall begin 580 September 1. 581

582 d. The President, Vice-President, and Secretary-Treasurer may not be 583

elected to more than two (2) three-year (3) terms in the office to which 584 elected. For purposes of this section, the terms of the Secretary-585 Treasurer which begins on September 1, 2015 and the President and 586 Vice-President which begin on September 1, 2016 shall be considered 587 one (1) of the two (2) terms. 588

589 e. Immediately upon election at the Spring Representative Assembly, a 590

non-incumbent elected to the office of President, Vice-President; or 591 Secretary-Treasurer shall serve on the Board of Directors without vote 592 until the official term begins. 593

594 Section 4. Succession and Vacancies. Vacancies occurring by reason 595 of death, resignation, incapacity, judgment of recall, other disqualification, or 596 in the case of the Secretary-Treasurer only, refusal or inability to be bonded 597 in the amount required by law, shall be filled as follows: 598 599 a. A vacancy in the office of President shall be filled by the Vice-President 600

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who shall complete the unexpired term. 601 602 b. A vacancy in the office of Vice-President or in the office of Secretary-603

Treasurer shall be filled by an appointment by the President with 604 approval of two-thirds (2/3) of the Board of Directors. Such appointment 605 shall remain in effect until the next Spring Representative Assembly, at 606 which time an election will be held to fill the vacancy for the remainder of 607 the unexpired term. 608

609 c. In the event a vacancy occurs in the office of both the President and 610

Vice-President, the Secretary-Treasurer shall assume the 611 responsibilities of the President for the unexpired term. 612

613 d. In the event the Secretary-Treasurer cannot serve, the Board of 614

Directors by two-thirds (2/3) vote shall appoint an acting President to 615 fulfill the unexpired term. The presiding officer in this interim shall be the 616 senior at-large member of the Board of Directors until an acting 617 President is appointed. 618

619 Section 5. Recall. Officers of the Association may be recalled for violation 620 of the Code of Ethics of the Education Profession, for misfeasance, 621 malfeasance, or nonfeasance in duty. 622 623 a. Proceedings against an officer may be initiated by written petition listing 624

the specific charge(s), and must be signed by: 625 626 (1) 1000 active members of the Association; or 627 628 (2) 50 delegates of the preceding Representative Assembly; or 629 630 (3) 10 members of the Board of Directors. 631 632 b. An affirmative two-thirds (2/3) vote of the Board of Directors shall be 633

required to order a recall hearing set forth in the petition. The Appeals 634 Board shall have original jurisdiction in any recall hearing against any 635 officer of the Association. 636

637 c. A majority vote of the members of the Appeals Board shall be required 638

to sustain the decision of the Board of Directors to recall the officer and 639 declare the position vacant. 640

641 ARTICLE VII 642

APPEALS BOARD 643 644

Section 1. Jurisdiction. The Appeals Board shall have appellate 645 jurisdiction in cases arising under this Constitution, The Articles of 646 Incorporation, the Bylaws, the Standing Rules of the Representative 647 Assembly and the Code of Ethics of the Education Profession, except 648 that the Appeals Board shall have original jurisdiction in recall hearings 649 against any member of the Board of Directors. The powers and duties of 650

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the Appeals Board are as described in Bylaw 7. 651 652 Section 2. Composition. The Appeals Board shall be composed of seven 653 (7) members with each member from any class of OEA membership. 654 655 a. A member of the Appeals Board shall hold no other elective office or 656

appointive position at any level in the Association except said member 657 may be elected and serve as a delegate to the NEA Convention. 658

659 b. The Appeals Board shall annually select its own chairperson and vice-660

chairperson. 661 662 c. Expenses, including any loss of salary incurred by any Appeals Board 663

member while on official business, shall be paid by the Association. 664 665 d. The budget of the Appeals Board shall be established by direct 666

appropriation of the Representative Assembly and shall be administered 667 by the chairperson. 668

669 e. Following the action of the Board of Directors as required herein, the 670

Appeals Board shall have original jurisdiction to decide: 671 672 (1) Questions on interpretation of the documents under its jurisdiction. 673

These questions shall be decided by the Board upon written 674 request of five (5) members of the Board of Directors, or twenty-675 five (25) delegates of the preceding Representative Assembly, or a 676 majority of the governing body of a local affiliate. 677

678 (2) Questions involving charges against the Board of Directors. These 679

shall be decided upon written petition, stating the precise charges, 680 signed by 100 Association members. If these charges are 681 sustained, the Board shall have the power to order the Board of 682 Directors to cease and desist. 683

684 (3) Cases involving censure, suspension, expulsion, or recall. 685 686 (4) Cases involving challenges to elections of officers and OEA 687

delegates. 688 689 Section 3. Appointment. Members of the Appeals Board shall be 690 appointed by a two-thirds (2/3) vote of the Board of Directors and the 691 majority approval of the Representative Assembly. 692 693 Section 4. Vacancies. Vacancies occurring by reason of death, 694 resignation, incapacity, recall, disqualification, or by reason of rejection of a 695 Board of Directors appointment by the Representative Assembly, shall be 696 filled for the remainder of the term upon nomination by two-thirds (2/3) vote 697 of the Board of Directors and majority approval of the next regularly 698 scheduled Representative Assembly. 699 700

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Section 5. Term. The term of members of the Appeals Board shall be 701 seven (7) years, with one term beginning each year. Members of the Board 702 may not serve more than one full term. 703 704 Section 6. Opinion and Decision. Any matter properly coming before the 705 Appeals Board pursuant to this Constitution and Bylaws shall require the 706 Appeals Board to issue a written opinion and decision, including citation to 707 and analysis of the particular policy or governing provision that supports the 708 opinion and decision. 709 710 Section 7. Appeals Board Prerogatives. The Appeals Board shall have 711 staff through OEA or through independent sources if OEA staff is not 712 provided. The Appeals Board shall establish rules of procedure, and 713 guarantee due process in all its proceedings. 714 715 Section 8. Recall. 716 717 a. Members of the Appeals Board may be recalled for violation of the 718

Code of Ethics of the Education Profession, or for misfeasance, 719 malfeasance and nonfeasance in office. 720

721 b. Proceedings against a member of the Appeals Board may be initiated 722

by written petition listing the specific charge and signed by: 723 724 (1) 1000 active members of the Association; or, 725 726 (2) 50 delegates of the preceding Representative Assembly; or, 727 728 (3) 10 members of the Board of Directors. 729 730 c. An affirmative vote of a majority of the Board of Directors shall be 731

required to order a recall hearing on these charges. 732 733 d. An affirmative vote of two-thirds (2/3) of the Board of Directors, 734

excluding those signing the petition in (b) above, shall sustain the 735 charges following a due process hearing before the Board of Directors, 736 and the position shall become vacant. 737

738 ARTICLE VIII 739

COMMITTEES 740 741

Section 1. Committees. In order to facilitate the objectives of the 742 Association, the Board of Directors shall establish the following Standing 743 Committees, as further described in the Bylaws: 744 745 a. Standing Committees: The Legislative Committee, the Resolutions 746

Committee, the Convention Planning Committee, the Collective 747 Bargaining and Member Advocacy Committee, the Professional Efficacy 748 Committee, the Organizing Strategy Committee, the Local Development 749 and Training Committee, and the Human and Civil Rights Committee. 750

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751 b. The Board of Directors may form such other committees, as it deems 752

appropriate. 753 754 Section 2. Selection and Terms. All members are eligible to serve on the 755 Committees described in Section 1 herein. Standing Committee members 756 shall be appointed as provided in the Bylaws. Terms of Committee 757 members shall begin on July 15 of the year of their election or appointment. 758

759 ARTICLE IX 760 AFFILIATES 761

762 Section 1. Affiliation. The OEA may enter into affiliation agreements with 763 organizations involved with or interested in education, including but not 764 limited to national, district, and local associations. 765 766 Section 2. Censure, Suspension or Disaffiliation. The OEA shall 767 censure, suspend, or disaffiliate any affiliate, which fails to comply with 768 standards and procedures set forth in the Bylaws, including but not limited 769 to Section 9 of the Bylaws. 770 771 Section 3. Trusteeships over Affiliates. 772 773 a. Any organization that joins the OEA as an affiliate must, prior to 774

becoming an affiliate, agree that the Association may establish a 775 trusteeship over any affiliate for the purpose of (i) correcting corruption 776 or financial misfeasance, malfeasance or nonfeasance or (ii) restoring 777 democratic procedures, utilizing only the procedures set forth in this 778 Article and as otherwise adopted by the Board of Directors for the 779 purpose of conducting a trusteeship. Additionally, such organization 780 must also agree that it will submit to the jurisdiction of any state or 781 federal court in Franklin County, Ohio in any action brought regarding 782 such trusteeship. 783

784 b. In the event that the Association learns of a possible circumstance that 785

would warrant the establishment of a trusteeship, the President may 786 appoint a special Investigative Committee to investigate any affiliate. 787

788 (1) If the Investigative Committee determines, by a two-thirds (2/3) 789

vote, that there is adequate cause under section (a) of this Article 790 to establish a trusteeship, it shall recommend to the Board of 791 Directors that a trusteeship be established. As soon as possible 792 after said vote, the President shall send to the Board of Directors, a 793 copy of the recommendation of the Investigative Committee, and 794 shall include with said recommendation a written statement setting 795 forth the basis for the Investigative Committee’s determination that 796 there is adequate cause for the establishment of a trusteeship. 797 The written statement shall be sufficiently specific so as to enable 798 the affiliate to prepare a defense. 799

800

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(2) Any action taken by the affiliate to disaffiliate from the Association 801 after the Investigative Committee has made an adequate cause 802 determination pursuant to Section 3(b) of this Article, or has 803 established an immediate trusteeship pursuant to Section 3(g) of 804 this Article, shall be of no effect. 805

806 c. A recommendation by the Investigative Committee to establish a 807

trusteeship shall be acted upon by the Board of Directors at its next 808 regularly scheduled meeting or at a special meeting called for that 809 purpose, occurring at least ten (10) days after the Board of Directors has 810 received said recommendation. 811

812 (1) At least seven (7) days prior to the meeting of the Board of 813

Directors at which the recommendation of the Investigative 814 Committee is to be acted upon, the President shall send to the 815 affiliate a notice advising it of the recommendation of the 816 Investigative Committee and setting forth the date, time, and place 817 of the meeting of the Board of Directors at which said 818 recommendation shall be acted upon. The President shall include 819 with said notice a copy of the written statement that was submitted 820 to the Board of Directors pursuant to Section 3(b) of this Article and 821 a copy of the rules and procedures that shall be followed by the 822 Board of Directors in acting upon the Investigative Committee’s 823 recommendation. 824

825 (2) A hearing shall be held before the Board of Directors, pursuant to 826

rules and procedures adopted by the Board of Directors for such 827 purpose to determine whether to establish a trusteeship, or in the 828 absence of such rules, the Board of Directors may delegate to a 829 Trusteeship Hearing Committee, consisting of not less than eleven 830 (11) Board of Directors’ members, none of whom may be members 831 of the Investigative Committee, the responsibility to receive 832 evidence and hear arguments in the first instance, provided that 833 the final decision regarding the establishment of a trusteeship shall 834 be made by the full Board of Directors, and all interested parties 835 shall have an adequate opportunity to present their views on the 836 matter to the full Board of Directors before the final decision is 837 made. 838

839 (3) On the basis of the evidence and arguments presented at the 840

hearing, the hearing committee shall vote on the question of 841 whether a trusteeship should be established. If more than one-842 third (1/3) of the members of the hearing committee who vote on 843 the question vote “no,” the recommendation of the Investigative 844 Committee shall have been rejected. If two-thirds (2/3) or more of 845 the members of the hearing committee who vote on the question 846 vote “yes,” the recommendation of the Investigative Committee 847 shall have been accepted, in which event a trusteeship shall be 848 established over the affiliate as of the announcement of the vote. 849

850

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(4) As soon as possible after said vote, the President shall appoint a 851 trustee. 852

853 d. Subject to the control and direction of the Investigative Committee, a 854

trustee shall have the power to: 855 856

(1) Conduct the affairs of the affiliate, including supervisory control 857 over its officers, employees and other representatives; 858

859 (2) Take possession of the books, records, funds, and other assets of 860

the affiliate, to be held in trust for and used only in the proper 861 conduct of its affairs; 862

863 (3) Remove officers and staff of the affiliate, and replace them if 864

deemed appropriate for the duration of the trusteeship; and 865 866 (4) Take such other actions as in a trustee’s judgment are necessary 867

for the preservation of the rights and interests of the Association 868 and the members of the affiliate. 869

870 (5) The Board of Directors shall have the right, with or without cause, 871

to replace a trustee at any time. 872 873 (6) Reasonable expenses incurred by a trustee in the performance of 874

his or her functions shall be paid out of the funds of the affiliate, if 875 available; otherwise, such expenses shall be paid by the 876 Association. 877

878 e. The Board of Directors shall terminate a trusteeship as soon as the 879

cause for its establishment, and any other material issue of concern 880 discovered during the trusteeship, have been remedied. 881

882 (1) Prior to the termination of a trusteeship, a trustee shall conduct an 883

election in accordance with the applicable provisions of the 884 governing documents and policies of the affiliate and the 885 Association to fill, as of the date of such termination, officer 886 positions vacated by removal or departure of former incumbents. 887 As of the date of termination of a trusteeship, a trustee shall return 888 control of the books, records, funds, and other assets of the 889 affiliate to its appropriate officers. 890

891 (2) A trustee shall make a final accounting of a trusteeship, and submit 892

copies to the Board of Directors and the affiliate. 893 894 f. No financial obligation or liability of the affiliate which may exist at the 895

time a trusteeship is established, or which may be incurred during a 896 trusteeship, shall be assumed by or become an obligation of the 897 Association. 898

899 g. If the Board of Directors establishes a trusteeship or refuses to 900

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terminate an established trusteeship, the affiliate shall have the right to 901 appeal to the Appeals Board, provided that written notice of such appeal 902 is filed with the President by at least ten (10) percent of the active 903 members in good standing of the affiliate, or by a three-fourths (3/4) vote 904 of the highest governing body of affiliate, within forty-five (45) days after 905 the decision of the Board of Directors is made known to the affiliate. 906

907 (1) The Appeals Board shall rule on the appeal at its first meeting 908

occurring after the President receives the written notice of appeal. 909 910 (2) Pending an appeal to the Appeals Board, the decision of the Board 911

of Directors shall remain in full force and effect. 912 913 h. The Board of Directors shall adopt such rules and procedures as may 914

be necessary to implement this Article. 915 916

ARTICLE X 917 AMENDMENT TO THE CONSTITUTION AND BYLAWS 918

919 Section 1. Proposal of Amendments. Amendments to the Constitution 920 or the Bylaws may be proposed by one (1) or more of the following: 921 922 a. By a majority vote of the Constitution and Bylaws Committee of the 923

Board of Directors; or, 924 925 b. By a majority vote of the Board of Directors; or, 926 927 c. By petition signed by at least fifty (50) or more certified delegates to the 928

Representative Assembly; or, 929 930 d. By petition signed by a total of one hundred (100) or more active 931

members from at least two (2) local affiliates. 932 933 Section 2. Amendment to the Constitution. 934 935 a. A proposed amendment to the Constitution shall be presented in writing 936

to the Constitution and Bylaws Committee of the Board of Directors and 937 read by title to the Representative Assembly. Such amendment shall 938 then be voted on at the following Representative Assembly, provided 939 that the other requirements of this section have been met. 940

941 b. The text of the proposed amendment shall be printed in an official 942

publication sent to all members at least thirty (30) days prior to its 943 consideration. 944

945 c. A proposed amendment to the Constitution may be debated, refined, 946

and/or amended by the delegates at the Representative Assembly 947 succeeding the Representative Assembly at which it was presented. 948

949 c. This Constitution may then be amended by three-fourths (3/4) vote of 950

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the delegates present and voting at the Representative Assembly. 951 952 Section 3. Amendment to the Bylaws. 953 954 a. A proposed amendment to the Bylaws shall be presented in writing to 955

the Constitution and Bylaws Committee of the Board of Directors 956 postmarked no later than sixty (60) days preceding the Representative 957 Assembly. 958

959 b. The text of proposed amendments shall be printed in an official 960

publication sent to all members at least thirty (30) days prior to its 961 consideration. 962

963 c. A proposed amendment to the Bylaws may be debated, refined and/or 964

amended on the floor by the delegates at the same Representative 965 Assembly at which it is presented. 966

967 d. The Bylaws may then be amended by a majority vote of the delegates 968

present and voting at the Representative Assembly. 969 970 Section 4. Voting on Amendments. 971 972 a. Voting on proposed amendments to this Constitution or to the Bylaws 973

shall be by secret ballot. 974 975 b. Unless otherwise provided, all amendments shall take effect at the 976

beginning of the fiscal year following their adoption. 977 978 Section 5. Withdrawal of Proposed Amendments. A majority of the 979 body or petitioners may withdraw their proposed amendments by written 980 request to the Constitution and Bylaws Committee and approval of the 981 Representative Assembly. 982 983 Section 6. Parliamentary Procedure Authority. Robert's Rules of 984 Order Newly Revised shall be the authority on parliamentary procedure at 985 any meeting of the duly constituted bodies of the Association. 986

987 ARTICLE XI 988

INDEMNIFICATION 989 990

Section 1. Indemnification. The Association shall indemnify any person 991 (or in the event of such persons’ death, his or her personal representative) 992 who was or is a party or is threatened to be made a party to any threatened, 993 pending, or completed civil, criminal, administrative, or investigative action, 994 suit, or proceeding, by reason of the fact that such person is or was a 995 trustee, Board of Directors’ member, or officer of the Association, or is or 996 was serving at the written request of the Association as a trustee, Board of 997 Directors’ member, officer, employee, member, manager, agent or 998 volunteer of another Association, a limited liability company, partnership, 999 joint venture, trust or other enterprise, or as a member of any committee or 1000

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similar body, against all expenses, including attorney’s fees, judgments, 1001 penalties, fines and amounts paid in settlement actually and reasonably 1002 incurred in connection with such action, suit or proceeding (including 1003 appeals) or the defense or settlement thereof or any claim, issue or matter 1004 therein, to the fullest extent permitted by the laws of Ohio as they may exist 1005 from time to time. Such right shall include the right to be paid by the 1006 Association for expenses, including attorney’s fees, incurred in defending 1007 any such proceeding in advance of its final disposition; provided, however, 1008 that the payment of such expenses in advance of the final disposition of 1009 such proceeding shall be made only upon delivery to the Association of an 1010 undertaking, by or on behalf of such trustee, Board of Directors’ member or 1011 officer, in which such trustee, Board of Directors’ member or officer agrees 1012 to repay all amounts so advanced if it should be ultimately determined that 1013 such person is not entitled to be indemnified under this section or otherwise. 1014 1015 Section 2. Insurance. The proper officers of the Association, without 1016 further authorization by the Board of Directors, may, in their discretion, 1017 purchase and maintain insurance on behalf of any person who is or was a 1018 trustee, officer, employee or agent of the Association or is or was serving at 1019 the request of the Association as a trustee, officer, employee or agent for 1020 another association, partnership, joint venture, trust or other enterprise, 1021 against any liability. 1022 1023 Section 3. ERISA. To assure indemnification under this provision of all 1024 such persons who are or were “fiduciaries” of an employee benefit plan 1025 governed by the act of Congress entitled “Employee Retirement Income 1026 Security Act of 1974,” as amended from time to time, this Article shall, for 1027 the purposes hereof, be interpreted as follows: an “other enterprise” shall 1028 be deemed to include an employee benefit plan; the Association shall be 1029 deemed to have requested a person to serve an employee benefit plan 1030 where the performance by such person or his or her duties to the 1031 Association also imposes duties on, or otherwise involves services by, such 1032 person to the plan or participants or beneficiaries of the plan; excise taxes 1033 assessed against a person with respect to an employee benefit plan 1034 pursuant to said act of Congress shall be deemed “fines;” and action taken 1035 or omitted by a person with respect to an employee benefit plan in the 1036 performance of such person’s duties for a purpose reasonably believed by 1037 such person to be in the interest of the participants and beneficiaries of the 1038 plan shall be deemed to be for a purpose which is not opposed to the best 1039 interests of the Association. 1040 1041 Section 4. Contractual Nature. The foregoing provisions of this Article 1042 shall be deemed to be a contract between the Association and each 1043 trustee, Board of Directors’ member and elected officer who serves in such 1044 capacity at any time while this Article is in effect, and any repeal or 1045 modification thereof shall not affect any rights or obligations then existing 1046 with respect to any state of facts then or theretofore existing or any action, 1047 suit or proceeding theretofore or thereafter brought based in whole or in part 1048 upon any such state of facts. 1049 1050

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Section 5. Construction. For the purpose of this Article, references to 1051 “the Association” include, in addition to the resulting Association, any 1052 constituent Association (including any constituent of a constituent) absorbed 1053 in a consolidation or merger which, if its separate existence had continued, 1054 would have had power and authority to indemnify its trustees, Board of 1055 Directors’ members and officers, so that any person who is or was a 1056 trustee, Board of Directors’ member or officer of such constituent 1057 Association or is or was serving at the request of such constituent 1058 Association as a Board of Directors’ member, officer, employee, member, 1059 manager, volunteer or agent of another Association, limited liability 1060 company, partnership, joint venture, trust or other enterprise or as a 1061 member of any committee or similar body shall stand in the same position 1062 under the provisions of this Article with respect to the resulting or surviving 1063 Association as he or she would have with respect to such constituent 1064 Association if its separate existence had continued. 1065 1066 Section 6. Additional provisions. The indemnification provided by this 1067 Article is not exclusive of, and shall be in addition to, any other rights 1068 granted to those seeking indemnification, pursuant to the Articles of 1069 Incorporation, this Constitution, the Bylaws, any agreement or otherwise. 1070 The Association may indemnify, or agree to indemnify, any person, and pay 1071 any expenses, including attorneys’ fees in advance of final disposition of 1072 any action, suit or proceeding, if such indemnification and/or payment is 1073 approved by vote of the disinterested Board of Directors’ member, or is in 1074 the opinion of independent legal counsel selected by the Board of Directors 1075 for an indemnitee who acted in good faith and in a manner he or she 1076 reasonably believed to be in, or not opposed to, the best interests of the 1077 Association. 1078

ARTICLE XII 1079 SAVINGS CLAUSE 1080

1081 If the Board of Directors, based on the advice of counsel, concludes that 1082 implementation of any provision of this Constitution, by the Bylaws, or the 1083 Standing Rules, as written, would be contrary to law, the Board shall direct 1084 that such provision be implemented in a manner that is, to the extent 1085 possible, both in compliance with the law and consistent with the intent and 1086 purpose of the provision as written. 1087 1088

BYLAWS 1089 OF THE OHIO EDUCATION ASSOCIATION 1090

1091 1. MEMBERS’ BILL OF RIGHTS 1092

1093 1-1. Proclamation. Believing that certain rights of individuals are derived 1094

from fundamental freedoms that must be universally recognized and 1095 respected, the Association proclaims this Members' Bill of Rights. 1096

1097 1-2. Rights as a Professional. As a member of the profession, the 1098

individual has the right: 1099 1100

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a. To be licensed under professional and ethical standards 1101 established, maintained and enforced by that profession. 1102

1103 b. To maintain and improve individual professional competence. 1104 1105 c. To exercise professional judgment in presenting, interpreting and 1106

criticizing information and ideas, including controversial issues. 1107 1108 d. To influence effectively the formulation of policies and procedures 1109

which affect professional services, including curriculum, teaching 1110 materials, methods of instruction, and school-community relations. 1111

1112 e. To exercise individual professional judgment in the use of teaching 1113

methods and materials appropriate to the needs, interests, 1114 capacities, and the linguistic and cultural background of each 1115 student. 1116

1117 f. To safeguard information obtained in the course of professional 1118

service. 1119 1120

g. To work in an atmosphere conducive to learning, including the use 1121 of reasonable means to preserve the learning environment and to 1122 protect the health and safety of the students, of herself or himself, 1123 and others. 1124

1125 h. To express publicly his or her views on matters affecting education. 1126 1127 i. To attend and address legal governing bodies and to be afforded 1128

access to their minutes when official action may affect the 1129 individual's professional concerns. 1130

1131 1-3. Rights As An Employee. As an employee, the individual has the 1132

right: 1133 1134 a. To seek and be fairly considered for any position commensurate 1135

with the individual's qualifications. 1136 b. To retain employment in the absence of a showing of just cause for 1137

dismissal or non-renewal through fair and impartial proceedings. 1138 1139 c. To be fully informed in writing of rules, regulations, terms and 1140

conditions affecting the individual's employment. 1141 1142 d. To have conditions of employment in which the individual's health, 1143

security and property are adequately protected. 1144 1145 e. To influence effectively the development and application of 1146

evaluation procedures. 1147 1148 f. To have access to all written materials in the individual's personnel 1149

file except documents entered prior to original employment, to have 1150

24

documents placed in the individual's personnel file to rebut 1151 derogatory information, and to have removed false or unfair 1152 material through a clearly defined process. 1153

1154 g. To be free from arbitrary, capricious or discriminatory actions 1155

affecting the terms and conditions of the individual's employment. 1156 1157 h. To be advised promptly in writing of the specific reasons for any 1158

actions which might affect the individual's employment. 1159 1160 i. To be afforded due process through the fair and impartial hearing 1161

of grievances, including binding arbitration as a means of resolving 1162 disputes. 1163

1164 j. To be free from interference to form, join, or assist employee 1165

organizations to bargain collectively through representatives of his 1166 or her own choosing, and to engage in other concerted activities for 1167 the purpose of collective bargaining or other mutual aid or 1168 protection. 1169

1170 k. To withdraw services when reasonable procedures to resolve 1171

impasse have been exhausted. 1172 1173

2. MEMBERSHIP 1174 1175

2-1. Classes. 1176 1177 a. There shall be seven (7) classes of membership in the 1178

Association: Active, Staff, Students, Retired, Life, Corporate, and 1179 Associate. Any member of an affiliated local Association shall be 1180 eligible for a class of membership in accordance with these 1181 Bylaws. 1182

1183 b. Membership is limited to any person who supports the principles 1184

and goals of the Association. 1185 1186

c. Active membership shall be open to any person: 1187 1188

(i) Who is employed by or in a public school district, public or 1189 private college or university, or other public institution devoted 1190 primarily to education, regardless of the specific nature of the 1191 functions that the person performs at the work site and 1192 regardless of who actually employs the person; (ii) Who is 1193 employed by a public sector employer other than a school 1194 district, college or university, or other institution devoted 1195 primarily to education but who is employed primarily to 1196 perform educational functions; (iii) Who is on limited leave of 1197 absence from the employment described in items (i) and (ii) 1198 above; or (iv) Who is serving as an executive officer of the 1199 Association, who is an active member of a local affiliated 1200

25

association, where eligible for membership in a local affiliated 1201 Association, and who is not eligible for any other class of 1202 membership as defined herein. The Association shall 1203 continue to allow active membership to those active members 1204 (i) who have been laid off due to a reduction in force for as 1205 long as such persons are eligible to be recalled, or for three 1206 (3) years, whichever is longer; or (ii) who have been 1207 discharged for as long as a legal challenge to such discharge 1208 is pending, who agrees to adhere to the Code of Ethics of 1209 the Education Profession, and who maintains membership 1210 in local and district affiliates and the NEA where eligible, and 1211 who is not eligible for any other class of membership as 1212 defined herein. 1213

1214 d. Staff membership shall be open to any person employed by the 1215

Association or any of its affiliates in a professional staff position. 1216 1217 e. Student membership shall be open to any student, undergraduate 1218

or graduate, enrolled in a teacher-education program in an 1219 accredited college or university in the State of Ohio. Such member 1220 shall not currently hold nor previously have held an employment 1221 contract with any educational institution, which would qualify the 1222 member for an active membership. 1223

1224 f. Retired membership shall be open to any officially retired person 1225

who has held active membership in the Association for at least one 1226 (1) year and who has retired through a State Retirement System in 1227 Ohio. Retired life memberships shall be available to retired 1228 members and shall entitle the member for life to those rights and 1229 privileges of a retired member as the latter may, from time to time, 1230 be determined by the OEA Constitution and Bylaws. Retired life 1231 memberships shall also be available to active members and shall, 1232 upon retirement, entitle the member for life to those rights and 1233 privileges of a retired member as the latter may, from time to time, 1234 be determined by the OEA Constitution and Bylaws. Retired 1235 membership provides no entitlement to the rights, privileges, or 1236 benefits of active membership class. Further, a retired member 1237 who becomes employed by or in a public school district, public or 1238 private college or university, or other public institution devoted 1239 primarily to education, if eligible, must seek active membership in 1240 the OEA. The member will be placed in the proper membership 1241 class as outlined in Bylaw 2-1 with full membership rights and will 1242 be assessed the appropriate dues for that membership class 1243 regardless of eligibility for retired membership status pursuant to 1244 Bylaw 2-1. 1245

1246 g. Life membership shall be open to a person who has purchased for 1247

life, those rights and privileges of an active member as the latter 1248 may, from time to time, be determined by the OEA Constitution and 1249 Bylaws. Effective September 1, 1977, the privilege of newly 1250

26

enrolling as a Life member of the Association is withdrawn. 1251 1252 h. Any corporation, which supports the goals and principles of the 1253

Association, shall be eligible for corporate membership upon the 1254 approval of the Board of Directors. 1255

1256 i. Associate membership shall be open to any person who is 1257

interested in advancing the cause of public education but who is 1258 not employed by an educational institution, agency, or organization 1259 and who is not eligible for any other class of membership in the 1260 Association. 1261

1262 j. A member may appeal the assigned class of membership. 1263 1264 2-2. Rights and Limitations 1265 1266 a. The right to vote and to hold elective office or appointive position 1267

shall be limited to active members except as otherwise provided in 1268 the Constitution and Bylaws. Life members actively engaged in the 1269 profession of education in Ohio shall enjoy all the rights and 1270 privileges of active membership. 1271

1272 b. All members shall be eligible for OEA services, assistance in the 1273

protection of professional and civil rights, and the receiving of 1274 reports and publications of the Association. 1275

1276 c. Membership shall be continuous unless terminated for cause. 1277 1278 d. Any member who changes professional or occupational position 1279

shall be transferred to the class of membership applicable to that 1280 new position. A member shall not remain in a class of membership 1281 for which the individual is no longer eligible. 1282

e. Members who fail to adhere to any of the conditions of 1283 membership as stated in Article II of the Constitution shall be 1284 subject to censure, suspension, or expulsion. 1285

1286 f. Student members shall be eligible to be voting delegates to the 1287

Representative Assembly. 1288 1289 2-3. Membership Year. The membership year shall be from September 1 1290

through August 31. 1291 1292 2-4. Membership Dues. 1293 1294 a. Except as provided in Bylaw 2, Sections 2-1(g), 2-4(e), and 2-4(f) 1295

dues of active members who are educators, including school 1296 nurses and pupil personnel workers, shall be .0076 per dollar of the 1297 average salary for elementary and secondary public school class-1298 room teachers in Ohio as established by the Ohio Department of 1299 Education for the second year prior to the budget year rounded to 1300

27

the nearest dollar, and an additional service fee which shall be 1301 .0010 per dollar of the average salary for elementary and 1302 secondary public school classroom teachers in Ohio for the second 1303 year prior to the budget year rounded to the nearest dollar to be 1304 allocated to the support of the UniServ Delivery System. Such 1305 dues shall be a uniform figure for all members, except that the 1306 Board of Directors shall determine in OEA policy those exceptions 1307 when pro rata dues will be established for persons who are eligible 1308 for membership in an affiliated local Association after the 1309 commencement of a membership year and except for those 1310 members in local affiliated Associations wherein an organization 1311 which is not an affiliated part of the United Education Profession 1312 has been certified as the sole and exclusive representative of such 1313 employees in the employment unit. In such affiliates, the annual 1314 OEA membership dues for active members shall be one-half of the 1315 regular active dues for a period not to exceed three (3) consecutive 1316 years, except where such affiliates retain as members at least 1317 twenty-five percent of the employees in the bargaining unit or 1318 proposed bargaining unit and where certification of the affiliate as 1319 exclusive representative is considered viable. The Board of 1320 Directors shall prescribe criteria for annually granting half-dues 1321 status, which shall be uniformly applied. Each spring, the 1322 membership enrollment, cost of rendering service to such locals, 1323 and the contractual status of each such affiliate shall be subject to 1324 review by the OEA Board of Directors. At that time, the OEA Board 1325 of Directors may renew the half-dues provision for the subsequent 1326 membership year pursuant to the prescribed criteria. Unless 1327 renewed, the half-dues status shall automatically terminate. 1328

1329 b. Dues for staff members, members who are eligible for active 1330

membership who are regularly employed for fifty (50) percent or 1331 less, but greater than twenty-five (25) percent of the normal 1332 schedule for a full-time employee, and who are not eligible for 1333 membership through another local association (as verified by the 1334 local association) or who are education support professionals or 1335 associate members shall be one-half (1/2) of the active dues. 1336 Dues for members who are eligible for active membership who are 1337 regularly employed for twenty-five (25) percent or less of the 1338 normal schedule for a full-time employee, and who are not eligible 1339 for membership through another local association (as verified by 1340 the local association) shall be one-quarter (1/4) of the active dues. 1341

1342 c. Dues for student members, retired members and corporate 1343

members shall be established annually by the Board of Directors. 1344 1345

d. The Business/Support/Administration Board of Directors 1346 Committee, or a subcommittee thereof, shall propose a budget 1347 setting forth and utilizing the dollar amount of dues established 1348 pursuant to paragraph (a) of this section. The amount of dues 1349 may be increased or decreased by action of the Representative 1350

28

Assembly when adopting the budget. A proposal to amend the 1351 budget to increase or decrease the amount of dues as set forth in 1352 the proposed budget shall be submitted to the Referral 1353 Committee of the Representative Assembly, and shall be 1354 received in writing by the delegates not later than the first recess 1355 of the first day of the Spring Representative Assembly at which a 1356 budget is being considered. Such a proposal shall include a 1357 statement identifying those line item(s) in the proposed budget 1358 where revenue and expenditures are to be increased or 1359 decreased as a result of the proposal. Action on such a proposal 1360 shall be by a majority vote of the delegates present and voting. 1361

1362 e. For the 2007-2008 membership year only, the annual 1363

membership dues for active members of the Association, as 1364 computed pursuant to Bylaw 2-4(a), shall be increased by twenty 1365 five dollars ($25.00). This dues increase shall be allocated to the 1366 fund used to advance OEA’s strategies related to achieving the 1367 successful passage of a school funding initiative on a state-wide 1368 ballot.1 Upon completion of the ballot amendment vote, funds not 1369 expended shall be allocated to a crisis fund. Thereafter, any 1370 expenditure from such fund shall require the approval of the OEA 1371 Board of Directors. 1372

1373 f. The OEA Board of Directors shall establish dues for active 1374

members who are organized pursuant to a joint organizing 1375 agreement between OEA and another union. 1376

1377 2-5. Dues Transmittal and Enforcement Procedures. 1378 1379 a. The Association shall enter into written contracts with affiliates 1380

governing the transmittal of dues. 1381 1382 b. Affiliated District Association dues shall be collected by the 1383

Association and refunded to the District Association. 1384 1385 c. An affiliate which becomes delinquent in its contracted transmittal 1386

schedule by more than thirty (30) days shall be assessed a penalty 1387 of one (1) percent per month on the overdue balance. 1388

1389 d. Thirty (30) days prior to the Fall Representative Assembly 1390

adjustments directly proportionate to the dues transmitted shall be 1391 made in the number of delegates to the Representative Assembly 1392 for failure to meet the provisions of contracted transmittal 1393 schedules. 1394

1395

1 OEA did not implement the $25.00 per member one-time dues increase to promote the school funding constitutional amendment for fiscal year 2007-2008, based on the coalition’s decision not to place the amendment on the November 2007 ballot.

29

2-6. Expulsion of Members. The Board of Directors may initiate an action 1396 for expulsion of any OEA member. Upon initiation of an action for 1397 expulsion of any member, the Board of Directors or a subcommittee of 1398 the Board of Directors will conduct an investigation and make written 1399 recommendations to the Board. The member shall be notified of all 1400 charges and shall have the opportunity to appear before the Board 1401 prior to final action to present evidence on his or her own behalf. The 1402 member shall have the opportunity to confront and cross-examine any 1403 accuser or any other witnesses against him or her; examine and refute 1404 all evidence considered by the Board, whether or not such evidence is 1405 presented at the hearing, and be accompanied and represented by 1406 legal counsel. The member shall be notified in writing about the final 1407 action taken by the Board. 1408

1409 3. DEFINITIONS 1410

1411 3-1. Education Professionals. For the purpose of membership 1412

classification, an education professional shall be one who: 1413 1414 a. Has as a major responsibility the instruction or guidance of pupils 1415

in the elementary or secondary school and has no staff-evaluation 1416 duties requiring that the educator be certificated as an 1417 administrator or supervisor; or, 1418

1419 b. Is on released time or leave-of-absence from a position described 1420

above to serve an affiliated Association; or, 1421 1422 c. Is a member of an affiliated local association which has at least 1423

seventy-five (75) percent of its members qualifying under section 1424 3-1a above; or, 1425

1426 d. Is an educator who is employed in the elementary or secondary 1427

schools or central offices and has staff-evaluation duties requiring 1428 that the educator be certified as an administrator or supervisor, or 1429 who is employed in a professional position in post-secondary 1430 education and has faculty evaluation duties. 1431

1432 e. Education Support Professionals. For the purpose of membership 1433

classification, education professionals shall include education 1434 support professionals. 1435

1436 3-2. Higher Education. For the purpose of membership classification, 1437

Higher Education shall include anyone employed in a professional 1438 position in post-secondary education who has no faculty evaluation 1439 duties. 1440

1441 3-3. OEA Retired. For the purpose of membership classification, OEA 1442

Retired shall include anyone receiving retirement benefits through a 1443 State Retirement System in Ohio and meeting the provisions of 1444 membership established in Bylaw 2-1f. 1445

30

1446 4. REPRESENTATIVE ASSEMBLY 1447

1448 4-1. Meetings. 1449 1450 a. The semi-annual meetings of the Representative Assembly shall 1451

be held in the fall and spring. 1452 1453 (1) The Fall meeting shall convene to adopt a legislative program 1454

and conduct necessary business. 1455 1456 (2) The Spring meeting shall convene to evaluate the legislative 1457

program, act on its items of new business, act on resolutions, 1458 elect officers of the Association, and, in even-numbered 1459 years, adopt the budget. 1460

1461 (3) Special sessions of the Assembly may be called by: 1462 1463 (i) The Board of Directors upon a two-thirds (2/3) vote; or, 1464 1465 (ii) The President, upon a petition signed by one-third of the 1466

delegates. The petition shall specify the purpose of the 1467 Special Representative Assembly. This special session 1468 must be convened within 30 days after such petition is 1469 officially filed with the Executive Director. The agenda of 1470 such special session shall include the stated purpose of 1471 the petition. 1472

1473 b. The Representative Assembly shall organize with the President of 1474

the Association as presiding officer, and shall immediately receive 1475 the report of the Convention Committee. 1476

1477 c. A trained and experienced parliamentarian shall be in attendance 1478

at all meetings of the Representative Assembly. Said 1479 parliamentarian shall not be a member of the governance or staff 1480 structure of the Ohio Education Association. 1481

1482 4-2. Functions. The Representative Assembly shall: 1483 1484 a. Establish Association policies and objectives. 1485 1486 b. Elect the at-large members of the Board of Directors, including the 1487

President, the Vice-President, the Secretary-Treasurer, and the 1488 NEA Directors, as provided in these Bylaws. 1489

1490 c. Establish dues. 1491 1492 d. Adopt the Association budget. 1493 1494 e. Adopt the rules and agenda governing its meetings. 1495

31

1496 f. Amend the Articles of Incorporation, The Constitution and Bylaws 1497

as provided herein. 1498 1499

g. Enact such other measures as may be necessary to achieve the 1500 goals and objectives of the Association so long as such measures 1501 are not in conflict with the Articles of Incorporation, the Constitution, 1502 or the Bylaws. 1503

1504 4-3. Allocation of Delegates. 1505 1506 a. Education Professional Units 1507 1508 (1) Allocation of delegates shall be on the basis of active 1509

membership in the Association. Those active members shall 1510 be counted whose current annual dues have been paid or are 1511 in the process of collection. 1512

1513 (2) Allocation of delegates will be in the ratio of one delegate and 1514

one alternate for each fifty (50) active members of the 1515 Association or major (defined as “more than 50 percent”) 1516 fraction thereof in each electoral unit. From such allocation 1517 local affiliates will then be allotted one delegate and alternate 1518 per fifty (50) active members of the Association or major 1519 fraction thereof, except that each local affiliate shall be 1520 allotted at least one delegate and alternate on the basis of the 1521 previous year's membership. Local delegates will be seated 1522 at the Representative Assembly in accordance with 4-3a(1). 1523 When local membership increases sufficiently to qualify for an 1524 additional delegate(s), the elected alternate(s) shall be seated 1525 as a delegate(s). 1526

1527 (3) Remaining delegates and alternates allocated to each unit 1528

shall be elected at-large within the unit by all members of the 1529 Association within the unit. Delegates elected by this 1530 procedure shall be those with the highest number of votes, 1531 except that when the ethnic-minority delegates elected by 1532 other means fall below the proportion of ethnic-minority 1533 members within that unit, sufficient ethnic-minority members 1534 shall be elected to comply with Ethnic-Minority 1535 Representation. 1536

1537 b. Higher Education Units 1538 1539 (1) Delegates shall be allocated in the same manner as 4-3a(1) 1540

above. 1541 1542 (2) Allocation of delegates will be in the ratio of one delegate and 1543

one alternate per fifty (50) active members of the Association 1544 or major fraction thereof in the unit to be allotted by a plan 1545

32

devised by the Division of Higher Education. 1546 1547 (3) Remaining delegates and alternates shall be allocated in the 1548

same manner as 4-3a(3) above. 1549 1550 c. Student Units 1551 1552 (1) Allocation of delegates shall be on the basis of student 1553

membership in the Association. Those student members 1554 shall be counted whose current annual dues have been paid 1555 or are in the process of collection. 1556

1557 (2) Allocation of delegates will be in the ratio of one delegate and 1558

one alternate per two hundred (200) student members of the 1559 Association or major fraction thereof to be allotted to 1560 subdivisions as determined by the Ohio Student Education 1561 Association Division in the following manner: one delegate per 1562 two hundred (200) student members of the Association or 1563 major fraction thereof. 1564

1565 (3) Remaining delegates and alternates shall be allocated in the 1566

same manner as 4-3a(3) above. 1567 1568 d. Retired Units 1569 1570 (1) Allocation of delegates shall be on the basis of retired 1571

membership in the Association. Those retired OEA members 1572 shall be counted whose current annual dues have been paid 1573 or are in the process of collection. 1574

1575 (2) Allocation of delegates will be in the ratio of one delegate and 1576

one alternate per two hundred (200) retired members of the 1577 Association, or major fraction thereof. 1578

1579 4-4. Officers. Unless elected as a delegate by a secret ballot of the 1580

membership, officers of the Association shall have all the rights of a 1581 delegate except the right to vote in elections for officers and dues 1582 increases. 1583

1584 4-5. Presidents of District Associations. Unless elected as a delegate 1585

by a secret ballot of the membership, Presidents of District 1586 Associations, by virtue of their office, shall have all the rights of a 1587 delegate, except the right to vote in elections for officers and dues 1588 increases. 1589

1590 4-6. Past Presidents. Unless elected as a delegate by a secret ballot of 1591

the membership, each Past President, except a Past President who is 1592 a "supervisor" or is a "management level employee" as defined in 1593 O.R.C. 4117.01 for an employer which engages in collective 1594 bargaining against an affiliate of the Association, shall be designated 1595

33

as a delegate ex officio to all Representative Assembly meetings, 1596 except the delegate shall not have the right to vote in elections for 1597 officers and dues increases. Each Past President shall receive 1598 delegate expense upon attendance at each meeting. 1599

1600 4-7. Size Limitation. The maximum size of the Representative Assembly 1601

shall be determined in accordance with Bylaw 4-3. 1602 1603 4-8. Delegate Guarantees. 1604 1605 a. When the allocations of delegates in Education Professional units 1606

have been completed in accordance with the provisions of Bylaw 4-1607 3, the number of delegates allocated to the unit may be increased 1608 only if the membership of a local association within the unit 1609 increases sufficiently to qualify an additional delegate(s). Such 1610 increase shall be limited to that unit for that year and not affect the 1611 allocation of delegates in any other unit. 1612

1613 b. A local association established and affiliated subsequent to 1614

November 1 in any year shall be granted the opportunity to elect 1615 delegates to attend the next scheduled session of the 1616 Representative Assembly providing the results of their election 1617 shall be received by OEA Secretary-Treasurer at least 30 days 1618 prior to such session and that all other requirements of the 1619 Constitution and Bylaws shall have been met. The certification of 1620 such delegates shall not change the delegate allotment of the unit. 1621

1622 4-9. Election and Certification of Delegates. 1623 1624 a. All candidates for delegates and alternates to the OEA 1625

Representative Assembly shall be active members of local affil-1626 iated associations where eligible for membership, affiliated district 1627 association, the OEA and the NEA. 1628

1629 b. Nomination for delegates to the OEA Representative Assembly 1630

shall be by declaration of intent or by nominating committee or by 1631 nomination from the floor, where applicable. 1632

1633 c. All delegates and alternates shall be elected annually for one year 1634

terms. Candidates shall be eligible to seek election only within 1635 their designated unit of representation. Alternates shall be those 1636 candidates for delegate status who did not receive sufficient votes 1637 to be elected as delegates within the number of delegates allotted. 1638 The selection of alternates for elected delegates shall be made by 1639 ranking the remaining candidates according to the highest number 1640 of votes received. 1641

1642 d. By September 1, the Secretary-Treasurer shall notify the president 1643

of each local affiliate of the number of delegates to which it is 1644 entitled (Bylaw 4-3). Elections shall be held not later than October 1645

34

10 of each year. Not later than October 15 of each year, the 1646 president of each affiliated local association shall certify to the 1647 Secretary-Treasurer, on a form provided, the eligibility of each 1648 delegate and alternate. Upon receipt of the eligibility form, 1649 temporary credentials shall be sent to each delegate and alternate. 1650

1651 e. Delegates shall serve until their successors have been elected and 1652

certified. In case any delegate is not officially seated at the OEA 1653 Representative Assembly, an alternate may be certified by the 1654 Credentials Committee to exercise all rights and privileges of said 1655 absent delegate. 1656

1657 f. Education Professional Unit. 1658 1659 (1) The President of the affiliated local education association, 1660

which has been allotted a delegate or delegates to the 1661 Representative Assembly, shall name an election committee 1662 of three OEA members from the affiliated local association. 1663 This committee of three shall supervise the nomination of 1664 candidates and arrange for the election of delegates and 1665 alternates in their local affiliates according to the local 1666 affiliates' constitutional provisions for elections unless 1667 otherwise provided herein. 1668

1669 (2) The election shall be by secret ballot of the members. 1670 1671 (3) An affiliated local association may designate the President 1672

and/or Vice-President (President-Elect) of the local affiliated 1673 association a delegate (by virtue of office) to the 1674 Representative Assembly. The affiliated local association 1675 must place authorization for designating the President and/or 1676 Vice-President (President-Elect) as a delegate in its 1677 constitution. Such ballot shall include a statement indicating 1678 those delegates named by virtue of their office in the local 1679 affiliated education association constitution. 1680

1681 (4) Election of At-Large Delegates in the Unit. 1682 1683 (a) The OEA Convention Planning Standing Committee 1684

members shall supervise the nomination of candidates 1685 and arrange for the election of at-large delegates and 1686 alternates. 1687

1688 (b) The election shall be by secret ballot of the members. 1689 1690 g. Election of Delegates in the Higher Education Unit. 1691 1692 (1) The nomination and election procedure for this unit shall be 1693

provided under the rules and regulations of the division. 1694 1695

35

(2) The election shall be by secret ballot of the members. 1696 1697 h. Election of Delegates in the Ohio Student Education Association 1698

Unit. 1699 1700 (1) The nomination and election procedure for this unit shall be 1701

provided under the rules and regulations of the division. 1702 1703 (2) The election shall be by secret ballot of the members. 1704 1705 i. Election of Delegates in the Division of OEA Retired Members. 1706 1707 (1) The nomination and election procedure for this unit shall be 1708

provided under the rules and regulations of the division. 1709 1710 (2) The election shall be by secret ballot of the members. 1711 1712 4-10. Duration of New Business Items. 1713 1714 a. New business items, which do not specify a termination date, will 1715

be in effect until the adjournment of the Representative Assembly 1716 three years from the date of their adoption. 1717

1718 b. A new business item may be extended through the adoption of a 1719

separate new business item or incorporated into OEA policy during 1720 the period in which it is in effect. 1721

1722 5. OFFICERS 1723

1724 5-1. Officers. All elected officers shall be members of the NEA, OEA, 1725

affiliated district association, and local affiliate if eligible for 1726 membership. 1727

1728 5-2. Nomination and Elections of Officers. 1729 1730 a. Nominations for elected officers shall be by declaration of intent by 1731

the candidates sent to the Secretary-Treasurer at least seventy-five 1732 (75) days prior to the election, by the Nominations Committee, at 1733 least forty-five (45) days prior to the election, or by nomination from 1734 the floor of the OEA Spring Representative Assembly or 1735 appropriate District Representative Assembly. 1736

1737 b. The President, Vice-President, and Secretary-Treasurer, shall be 1738

elected by the delegates to the Spring Representative Assembly. 1739 The President shall upon election, be declared elected First 1740 Alternate Ohio NEA Director. The Vice-President shall, upon 1741 election, be declared elected Second Alternate Ohio NEA Director. 1742 The Secretary-Treasurer shall, upon election, be declared elected 1743 Third Alternate Ohio NEA Director. Each at-large member of the 1744 Board of Directors shall upon election be declared elected as an 1745

36

Alternate Ohio NEA Director. 1746 1747 5-3. Powers and Duties of the President. 1748

1749 The President shall serve as an officer of the Association and shall: 1750

1751 a. Represent the Association as spokesperson on matters of policy, 1752

or at his or her discretion, assign responsibility for such 1753 representation. 1754

1755 b. Cause to be prepared the agenda for the governing bodies of the 1756

Association and any program for the Representative Assembly. 1757 1758 c. Appoint all chairpersons and members of all committees of the 1759

Board of Directors, with the approval of the Board of Directors. 1760 1761 d. Appoint members of all member committees, with the approval of 1762

the Board of Directors. 1763 1764 e. Serve as chairperson of the Reapportionment Committee. 1765 1766 f. Serve as an ex officio member, without voting rights, on all member 1767

committees and subcommittees of the Board of Directors. 1768 1769 g. Review Association policies and recommend priorities to be 1770

considered by the Board of Directors. 1771 1772 h. Meet with the Board of Directors in accordance with the adopted 1773

calendar or at such other times as determined by the Board of 1774 Directors. 1775

1776 i. Preside over sessions of the Board of Directors as chair of the 1777

Board of Directors, and preside over the Representative Assembly 1778 with the authority to vote in the Board of Directors and 1779 Representative Assembly in case of a tie vote. 1780

1781 5-4. Powers and Duties of the Vice-President. 1782 1783 The Vice-President shall serve as an officer of the Association and 1784

shall: 1785 1786 a. Act for the President when the President is unable to perform the 1787

duties of that office. 1788 1789 b. Serve as chairperson of the Legislative Committee and oversee 1790

legislative policy. 1791 1792 c. Perform the duties as stipulated herein and as designated by the 1793

President. 1794 1795

37

5-5. Powers and Duties of the Secretary-Treasurer. 1796 1797 The Secretary-Treasurer shall serve as an officer of the Association 1798

and shall: 1799 1800 a. Serve as secretary to the Representative Assembly and Board of 1801

Directors and be responsible for preparing records of all official 1802 meetings and distributing the minutes of all such meetings. 1803

1804 b. Be the official secretary and NEA delegate, if eligible, of the Ohio 1805

delegation at the NEA Representative Assembly. 1806 1807 c. Keep the official seal of the Association. 1808 1809 d. Notify local affiliates and other qualified organizations of the 1810

number of Representative Assembly delegates to which they are 1811 entitled. 1812

1813 e. Issue temporary delegate credentials to each delegate and 1814

alternate. 1815 1816 f. Preserve the credentials of the delegates, all minutes, and other 1817

records pertaining to the election of officers and the transaction of 1818 business at Representative Assemblies. 1819

1820 g. Oversee preparation of the budget authorized by the governing 1821

bodies of the Association, and make regular reports to the Board of 1822 Directors and the Representative Assembly regarding the financial 1823 condition of the Association. 1824

1825 h. Perform other duties as stipulated by the Constitution, Bylaws and 1826

by the President. 1827 1828

i. Serve as chairperson of the Business/Support/Administration 1829 Board of Directors’ Committee. 1830

1831 j. Deliver to the Board of Directors, an annual report of the General 1832

Fund, as prepared by Association staff, including income and 1833 expenditures for the fiscal year. 1834

1835 k. Have the right of access to any and all financial information and 1836

documents of the OEA and its subsidiary corporations and trusts. 1837 1838 5-6. Salaries and Expenses of Officers. 1839 1840 a. The President shall serve the Association on a full time and paid 1841

basis. The President's salary shall be established as 2.6 times the 1842 average salary of classroom teachers in Ohio for the second year 1843 prior to the budget year. 1844

1845

38

b. The Vice-President shall serve the Association on a full time and 1846 paid basis. The Vice-President’s salary shall be established as 2.2 1847 times the average salary of classroom teachers in Ohio for the 1848 second year prior to the budget year. 1849

1850 c. The Secretary-Treasurer shall serve the Association on a full time 1851

and paid basis. The Secretary-Treasurer's salary shall be 1852 established as 2.2 times the average salary of classroom teachers 1853 in Ohio for the second year prior to the budget year. 1854

1855 d. Officers may be compensated for reasonable expenses incurred 1856

on behalf of the Association in the course of performing their duties 1857 as Officers and pursuant to policies established from time to time 1858 by the Board of Directors. 1859

1860 6. EXECUTIVE DIRECTOR AND STAFF 1861

1862 6-1. Executive Director. The Executive Director is designated as the 1863

operational and administrative officer of the Association. 1864 1865 6-2. Powers. 1866 1867 a. Except as otherwise described herein, the Executive Director has 1868

the responsibilities described in Chapter 1702 of the Ohio Revised 1869 Code, as amended. The Executive Director shall have general and 1870 active supervision, direction, and control of the operation and staff 1871 of the Association under the direction of the Board of Directors. 1872

1873 b. The Executive Director shall: 1874 1875

(1) Insure that the official actions of the Board of Directors and 1876 the Representative Assembly are implemented, and shall 1877 have such other powers and duties with respect to the 1878 administration of the affairs of the Association. 1879

1880 (2) Serve as a consultant to the Board of Directors and 1881

Representative Assembly of the Association. 1882 1883 c. Advise the Board of Directors and Representative Assembly on all 1884

policy matters through appropriate reports and recommendations. 1885 1886 d. Be responsible to furnish each member appropriate evidence of 1887

membership. 1888 1889 e. Meet regularly with the Officers to confer on Association policies, 1890

procedures, and programs. 1891 1892 f. Employ, direct and supervise all Association staff. 1893 1894 g. Employment of professional staff by the Executive Director shall be 1895

39

with the approval of the Board of Directors. 1896 1897 h. Be responsible for the conduct of any collective bargaining with 1898

representatives of Association staff. 1899 1900 i. Conduct collective bargaining on behalf of the Association. 1901 1902 j. Perform such other duties as may be assigned by the Board of 1903

Directors or Representative Assembly. 1904 1905 6-3. Staff. 1906 1907 a. Local, district, state, and national staff shall be eligible only for staff 1908

membership and shall not hold elective or appointive positions at 1909 any level. 1910

1911 b. The Association shall be an equal opportunity employer. 1912 1913 c. The Association shall, as vacancies arise, employ at least the 1914

same ratio of any ethnic-minority, as is that ethnic-minority to the 1915 total population of the State of Ohio. 1916

1917 d. The Association shall recognize the right of its employees to 1918

organize for the purpose of collective bargaining. 1919 1920 6-4. Staffing Patterns. 1921 1922 a. The Association shall develop procedures for serving all members. 1923 1924 b. Local, district, departmental and non-governance affiliate staff will 1925

be allocated on an equitable basis with negotiated financial 1926 participation by the national, state and affiliate to which staff is 1927 assigned. 1928

1929 6-5. Headquarters. The headquarters of the Association shall be in 1930

Columbus, Ohio. 1931 1932

7. APPEALS BOARD 1933 1934

7-1. Powers. The Appeals Board may: 1935 1936 a. Interpret all documents under their jurisdiction; 1937 1938 b. Censure, suspend or expel any member or affiliate for just cause; 1939 1940 c. Vacate censure; 1941 1942 d. Reinstate a suspended or expelled member or affiliate; 1943 1944 e. Act in original jurisdiction in recall proceedings against officers or 1945

40

members of the Board of Directors; 1946 1947 f. Act on charges brought against the Board of Directors for 1948

exceeding the powers granted; 1949 1950 g. Set aside any election of officers or OEA delegates found not to 1951

have been conducted pursuant to this Constitution and Bylaws. 1952 1953

8. DIVISIONS AND COMMITTEES 1954 1955

8-1. Divisions. 1956 1957 a. There shall be four Divisions within the Association: the Division of 1958

Education Professionals, the Division of Higher Education, the 1959 Ohio Student Education Association Division, and the Division of 1960 OEA Retired. 1961

1962 b. The remainder of Bylaw 8-1 applies to the Division of Higher 1963

Education, the Ohio Student Education Association Division, and 1964 the Division of OEA Retired: 1965

1966 (1) The Division shall elect from its membership a chairperson 1967

and such other officers, as it deems necessary. 1968 1969 (2) The Division shall elect from its membership representatives 1970

to serve on a guidance body of that Division. That guidance 1971 body shall be named in the guidelines of the Division. 1972

1973 (3) The guidelines of the Division shall: 1974 1975

(i) Be subject to the approval of the OEA Board of Directors; 1976 1977

(ii) State the purposes and objectives of the Division; 1978 1979 (iii) Identify the membership of the Division; 1980 1981 (iv) Identify the officers of the Division, their method of 1982

election, their terms of office, and their duties; 1983 1984

(v) Identify the guidance body, its method of election, terms 1985 of office and duties; 1986

1987 (vi) Provide for an annual meeting of its membership or 1988

representatives thereof, such meetings to be held in 1989 conjunction with the OEA Spring Representative 1990 Assembly; 1991

1992 (vii) Provide for the preparation of a budget for presentation 1993

to the OEA Board of Directors; 1994 1995

41

(viii) Provide for their amendment. 1996 1997

8-2. Functions of the Divisions. 1998 1999 a. The Division of Education Professionals shall be responsible for 2000

devising and implementing instructional programs to enhance the 2001 professional abilities of its members. Such programs shall not 2002 duplicate those being scheduled by other OEA Committees, but 2003 may complement them. 2004

2005 b. The Division of Higher Education shall be responsible for devising 2006

and implementing instructional programs to enhance the 2007 professional abilities of its members, shall advocate the interests of 2008 its members within the OEA, and recommend members to be 2009 appointed to any Committees. 2010

2011 c. Ohio Student Education Association Division shall provide a 2012

structure for the participation of teacher education students within 2013 the Association, identify the needs and concerns of its members, 2014 and devise and implement programs to enhance the professional 2015 abilities of its members. 2016

2017 d. The Division of OEA Retired shall provide a structure for the 2018

participation of the retired members, identify the needs and 2019 concerns of those members, and devise and implement programs 2020 through the Association to enhance the status of these members. 2021

2022 8-3. Committees. 2023 2024 a. Member committees shall include Standing Committees, Special 2025

Standing Committees, and Ad Hoc Committees. 2026 2027 (1) The Standing Committees shall be: the Legislative 2028

Committee, the Resolutions Committee, the Convention 2029 Planning Committee, the Collective Bargaining and Member 2030 Advocacy Committee, the Professional Efficacy Committee, 2031 the Organizing Strategy Committee, the Local Development 2032 and Training Committee, and the Human and Civil Rights 2033 Committee. 2034

2035 (2) The Special Standing Committees shall be: the Audit 2036

Committee, the Reapportionment Committee, and the 2037 Nominations Committee. 2038

2039 b. Committee members shall be appointed for each Standing 2040

Committee by the President from a slate of recommended names 2041 presented by the governing body of each District Association 2042 submitted on or before May first (1st) annually, at the ratio of 1 per 2043 8,000 members, or major fraction thereof, of each District. 2044

2045

42

(1) By May first (1st) of each year, the Advisory Councils of the 2046 Division of Higher Education, Division of OEA Retired, the 2047 Ohio Student Education Association Division, the Executive 2048 Board of the Doris L. Allen Minority Caucus, the Executive 2049 Committee of the State Council of Professional Educators, 2050 the Executive Committee of the Women's Caucus, the 2051 Executive Committee of the Gay, Lesbian, Bisexual, and 2052 Transgendered Caucus, the Chairperson of the Education 2053 Support Professionals Department, and the Chairperson of 2054 the Developmental Disabilities (DD) Department shall submit 2055 a slate of recommended names of members for consideration 2056 by the OEA President. 2057

2058 (2) The Board of Directors shall also cause the availability of any 2059

open committee positions to be published in appropriate OEA 2060 communications, which are accessible to the membership of 2061 the affected constituency. 2062

2063 c. Each committee shall be composed of: 2064 2065 (1) At least one (1) member of each District Association for a 2066

term of three (3) years. 2067 2068 (2) One (1) member from the Division of Higher Education for a 2069

term of three (3) years. 2070 2071 (3) One (1) member from the Division of OEA Retired for a term 2072

of three (3) years. 2073 2074 (4) One (1) member from the Ohio Student Education 2075

Association Division for a term of one (1) year. 2076 2077 (5) One (1) member from the Doris L. Allen Minority Caucus for a 2078

term of three (3) years. 2079 2080 (6) One (1) member from the Women's Caucus for a term of 2081

three (3) years. 2082 2083 (7) One (1) member from the State Council of Professional 2084

Educators for a term of three (3) years. 2085 2086 (8) One (1) Education Support Professional Department member 2087

for a term of three (3) years. 2088 2089 (9) One (1) Developmental Disabilities (DD) Department Member 2090

for a term of three (3) years. 2091 2092 (10) One (1) member from the Gay, Lesbian, Bisexual, and 2093

Transgendered Caucus for a term of three (3) years. 2094 2095

43

d. Each committee must be composed of a cross-section of the 2096 membership, taking into consideration the OEA EEO policy, plus 2097 age and experience, rural, suburban or urban residency, work 2098 assignments, political and geographical composition of the state 2099 and such other factors as may be determined by the Board of 2100 Directors to be necessary. The President may appoint up to three 2101 (3) additional members to any committee, if necessary, to achieve 2102 a desirable balance of skill, interest and demographic 2103 representation on each committee. Committee members should 2104 be skilled and interested in the area of emphasis for which his or 2105 her assigned committee is responsible. 2106

2107 e. No one member shall serve more than two (2) consecutive terms. 2108 2109 f. One-third (1/3) of the members of each committee shall be 2110

appointed annually. 2111 2112 g. The Resolutions Committee shall include the Ohio members of the 2113

NEA Resolutions Committee as voting members. 2114 2115 h. Each committee shall select its own chairperson as provided 2116

herein. 2117 2118 i. A staff consultant and support assistance shall be provided to each 2119

committee. 2120 2121 j. The committee chairperson must report the substantive actions of 2122

each meeting to the Board of Directors either in person or in 2123 writing. 2124

2125 k. The President, with approval of the Board of Directors, may appoint 2126

a member of the Board of Directors to serve as a liaison to each 2127 committee. 2128

2129 l. Each committee member is responsible for reporting the 2130

substantive actions of the committee to the District Representative 2131 Assembly. 2132

2133 m. The Board of Directors may remove any member who does not 2134

adequately fulfill the duties of a member of the committee. 2135 2136 n. A District may, by two-thirds (2/3) majority of its governing body, 2137

recommend for recall a representative of that District. Following 2138 such recommendation for recall, the Board of Directors shall 2139 provide a just cause hearing. A majority vote of the Board of 2140 Directors shall be required for recall. 2141

2142 8-4. Functions of the Standing Committees. 2143 2144

a. The Local Development and Training Committee shall be 2145

44

responsible for recommending to the OEA Board of Directors and 2146 other appropriate entities, the creation of OEA strategies that 2147 ensure the planning, implementation and regular assessment of a 2148 Statewide local development and training program that meets the 2149 needs of and strengthens local affiliates. 2150

2151 b. The Organizing Strategy Committee shall be responsible for 2152

recommending to the OEA Board of Directors and other 2153 appropriate entities, the creation of OEA strategies that ensure 2154 the planning, implementation and regular assessment of an 2155 internal and external organizing program that meets the needs of 2156 local affiliates and supports their development. 2157

2158 c. The Professional Efficacy Committee shall be responsible for 2159

recommending to the OEA Board of Directors and other 2160 appropriate entities, the creation of OEA strategies that ensure 2161 the planning, implementation and regular assessment of a 2162 professional development program that assists local affiliates to 2163 address professional development issues, promotes the OEA’s 2164 legislative agenda and meets the needs of locals and supports 2165 the professional growth of members. 2166

2167 d. The Human and Civil Rights Committee shall be responsible for 2168

identifying current issues and trends impacting the human and 2169 civil rights of students and members and recommending to the 2170 OEA Board of Directors and other appropriate entities that 2171 creation of OEA strategies to promote social justice and diversity 2172 within the association and in the larger community. 2173

2174 e. The Collective Bargaining and Member Advocacy Committee 2175

shall be responsible for recommending to the OEA Board of 2176 Directors and other appropriate entities, the creation of OEA 2177 strategies that ensure the planning, implementation and 2178 assessment of a collective bargaining, contract enforcement and 2179 member protection and advocacy program that meets the needs 2180 of local affiliates. 2181

2182 f. The Convention Planning Committee shall be responsible for 2183

planning OEA Representative Assemblies. Subcommittees of this 2184 Committee are responsible for examining the credentials of all 2185 delegates; recommending to the Assembly, for approval, the 2186 seating of all eligible delegates; conducting the elections of the 2187 Representative Assembly; proposing the Standing Rules of the 2188 Representative Assembly. The senior committee member from 2189 each District shall serve as chairperson of the Nominating 2190 Committee(s) for the units in the respective District. 2191

2192 g. The Legislative Committee shall screen, evaluate and recommend 2193

legislative proposals for the annual session of the Fall 2194 Representative Assembly and shall be responsible for 2195

45

recommending to the OEA Board of Directors and other 2196 appropriate entities, the creation of OEA strategies for lobbying and 2197 political action in order to implement the legislative priorities, goals 2198 and policies as adopted by the Representative Assembly. 2199

2200 h. The Resolutions Committee shall develop the OEA resolutions and 2201

platform for recommendation to the Spring session of the 2202 Representative Assembly. Resolutions proposed by members 2203 shall be reviewed by the Committee, which may reject them or 2204 refer them to the Representative Assembly for action. 2205

2206 Committees will perform other duties as assigned by the President and 2207

the Board of Directors. 2208 2209 8-5. Functions of the Special Standing Committees. 2210 2211 a. The Audit Committee shall be composed of five (5) members 2212

appointed by the OEA President with the approval of the Board. 2213 The Audit Committee shall, with approval of the Board of Directors, 2214 select an accountant to audit the accounts of the Association, and 2215 shall oversee such audit activities, as necessary. 2216

2217 b. The Reapportionment Committee shall be composed of the 2218

President and President-Elect or Vice-President of each District. 2219 The OEA President shall serve as chairperson. 2220

2221 c. The Nominations Committee shall be composed of the District 2222

Presidents who shall elect the chairperson. The Nominations 2223 Committee may nominate candidates for elected offices, Ohio NEA 2224 Directors, and at-large Board of Directors’ members when there 2225 are fewer than two persons declared in accordance with pro-2226 cedures for election in this document. 2227

2228 8-6. Functions of the Board Committees. 2229 2230

a. The Constitution and Bylaws Committee shall be responsible for 2231 interpreting the Constitution and Bylaws, and shall be responsible 2232 for other duties as further described in OEA policy. 2233

2234 b. The Business/Support/Administration Committee shall be 2235

responsible for the administration of an adequate and appropriate 2236 financial management systems, and shall be responsible for other 2237 such duties as further described in OEA policy. 2238

2239 c. The Awards Committee shall be responsible for recommending to 2240

the OEA Board of Directors strategies that ensure the planning, 2241 implementation and assessment of an effective awards program, 2242 recommending to the OEA Board of Directors recipients of awards, 2243 as assigned, and for such other duties as further described in OEA 2244 policy. 2245

46

2246 8-7. Ad Hoc Committees and Task Forces. 2247 2248 a. In order to accomplish specific tasks for limited periods of time, the 2249

President may appoint, with the approval of the Board of Directors, 2250 those ad hoc committees that the President deems necessary, 2251 provided the purpose does not conflict with that of the Standing 2252 Committees. In order to accomplish specific tasks for limited 2253 periods of time, the Representative Assembly may create and 2254 appoint task forces according to the Bylaws. 2255

2256 b. Membership shall be, insofar as possible, representative of the 2257

Districts. 2258 2259 8-8. Vacancies. Vacancies on committees shall be filled by appointment 2260 by the President, with the approval of the Board of Directors. A person 2261 appointed to fill a vacancy shall serve the unexpired term. 2262

2263 9. AFFILIATIONS 2264

9-1. Affiliation. 2265 2266 a. The Association shall grant affiliation to Departments, Districts, 2267

Locals, and Associate Organizations. 2268 2269 (1) A Department is a representative group of members with a 2270

common interest. 2271 2272 (2) A District is a geographical subdivision of the Association and 2273

has a voice in determining Association policies. 2274 2275 (3) A Local is a group of members who have organized for 2276

among other reasons the purpose of governance representa-2277 tion in the Association. 2278

2279 (4) An Associate Organization shall be any organization with a 2280

common occupation or interest, which is organized and 2281 committed to further the cause of education in Ohio. 2282

2283 b. A group or unit seeking affiliation shall file a written application, 2284

including copies of its governance documents, with the 2285 Business/Support/Administration Board of Directors Committee or 2286 a subcommittee thereof. Organizations shall be affiliated upon 2287 recommendation of the Business/Support/-Administration Board of 2288 Directors Committee, and the approval of the Board of Directors. 2289 After acceptance by the Board of Directors, the group or unit 2290 seeking affiliation shall ratify the granting of affiliate status. 2291

2292 c. Subsequent to affiliation, pursuant to Bylaw 9-1(b), an affiliate must 2293

transmit dues to the OEA pursuant to a dues transmittal agreement 2294 entered into by and between the affiliate and the OEA. Affiliation 2295

47

shall continue until the affiliate is disaffiliated by the OEA for failure 2296 to meet the standards of Bylaw 9-2. Once disaffiliated, the OEA 2297 ceases to be the exclusive bargaining representative of the 2298 bargaining unit of employees. Further, all dues collected on the 2299 behalf of the OEA prior to disaffiliation shall be transmitted to the 2300 OEA pursuant to the dues transmittal agreement entered into by 2301 and between the affiliate and the OEA. 2302

2303 9-2. Standards for Affiliations of Departments, Districts, and Local 2304

Associations. 2305 2306 An affiliate shall: 2307 2308 a. Require membership, if eligible, in the local, district, state and 2309

national associations provided that if the local association elects by 2310 secret ballot to exclude Education Support Professionals from 2311 membership, that the affiliated local composed exclusively of 2312 Education Support Professionals shall require membership, if 2313 eligible, in a local association for Education Support Professionals 2314 and the district, state and national associations. 2315

2316 b. Have a Constitution consistent with the Constitution of OEA. 2317 2318 c. Adopt a policy that recognizes the preeminence of the Code of 2319

Ethics of the Education Profession, if appropriate. 2320 2321 d. Apply the one-member, one-vote principle for representation on its 2322

governing bodies and the affiliate shall provide for ethnic-minority 2323 representation at least proportionate to its ethnic-minority 2324 membership. 2325

2326 e. Provide for proportional representation between its classroom 2327

teacher members and its education support professional members 2328 where a multi-jurisdictional affiliate exists. 2329

2330 f. Require periodic elections of officers by secret ballot subject to 2331

recognized safeguards concerning the equal right of all members 2332 to nominate, seek office, and vote in elections, as set forth in the 2333 OEA Elections Manual. 2334

2335 g. Conduct all ratifications of collective bargaining agreements in 2336

accordance with the guidelines for ratification of collective 2337 bargaining agreements and fact finder reports as set forth in the 2338 OEA Elections Manual. 2339

2340 h. Preserve all ballots, marked, unmarked and voided, and all other 2341

records pertaining to elections of OEA officers, OEA and NEA 2342 delegates and alternates for one year from the election, and make 2343 such ballots and other records available to OEA officers and/or 2344 designee(s) for inspection and examination. 2345

48

2346 i. Have the same membership year as that of OEA. 2347 2348 j. Have a dues structure to fund adequately a quality program. 2349 2350 k. Provide for regular meetings. 2351 2352 l. Provide for effective member communication. 2353 2354 m. Provide for effective committee structure to achieve the goals of 2355

the organization. Such structure will include an election committee. 2356 2357 n. Be reviewed by the Board of Directors every five (5) years to 2358

determine compliance with the above minimum standards. 2359 2360 o. In the case of a local affiliate, the local must have or be actively 2361

seeking the status of exclusive bargaining representative of the 2362 members of the local. 2363

2364 9-3. Jurisdictional Boundaries for Departments, Districts, and Local 2365

Association Affiliates. The Association shall affiliate no more than 2366 one (1) local association within the same jurisdictional boundaries, and 2367 no more than one (1) district association within the same jurisdictional 2368 boundaries, with the following exceptions: 2369

2370 a. Associations not competing for the same category of membership 2371

may be affiliated. 2372 2373 b. Local Associations composed of members employed by a private 2374

sector employer may be affiliated where inclusion with an existing 2375 local association is not practicable. 2376

2377 Where two (2) or more associations of the same category of 2378

membership qualify for affiliation in the same jurisdictional boundaries, 2379 the Association shall affiliate the prospective affiliate with the greater 2380 number of active members, except as provided in subsection (b) 2381 above. 2382

2383 9-4. Jurisdictional Categories for Departments, Districts, and Local 2384

Association Affiliates. 2385 2386 a. Educational Professionals 2387 2388 b. Higher Education 2389 2390 c. Education Support Professionals 2391 2392 d. Any combination of the above. 2393 2394 2395

49

2396 9-5. District Associations. 2397 2398 a. District Associations, having affiliated with the Association, are 2399

entitled to participate in the benefits to be derived from the 2400 Association. 2401

2402 b. District affiliates shall be self-governing organizations with 2403

governance documents compatible with those of OEA. 2404 2405 c. In conjunction with the OEA’s commitment to ensure that the 2406

District Associations shall have “a voice in determining Association 2407 Policies” (Bylaw 9-1 a(2) of the OEA Bylaws), the OEA shall involve 2408 the OEA Districts in coordinating its major member organizing and 2409 mobilizing strategies through the District Leaders Council. 2410

2411 d. The Constitution and/or Bylaws of a District Association shall 2412

provide: 2413 2414 (1) An Executive Committee/Board of Directors that reflects 2415

representation of the local membership on a proportional 2416 basis. 2417

2418 (2) The election of Education Professional electoral unit members 2419

of the OEA Board of Directors shall be at the District 2420 Representative Assembly. 2421

2422 (3) Members elected to the OEA Board of Directors shall be 2423

voting members of their respective District Executive 2424 Committee/Board of Directors. 2425

2426 (4) Unless elected to the OEA Board of Directors by secret ballot 2427

of the members, a member of the OEA Board of Directors 2428 shall have all the rights of a delegate to the District 2429 Representative Assembly except the right to vote for OEA 2430 offices. 2431

2432 (5) There shall be at least one District Representative Assembly 2433

yearly. 2434 2435 (6) Unless elected as delegates or alternates by secret ballot of 2436

the membership, OEA Representative Assembly delegates or 2437 alternates shall be ex officio members or alternates to the 2438 respective District Representative Assembly with full delegate 2439 status, except the right to vote in elections for OEA offices. 2440

2441 (7) Registration of District delegates by Education Professional 2442

units shall be as provided in Article III, and Section 2-a. 2443 2444 (8) The District delegates under the one-person one-vote concept 2445

50

shall be in addition to the OEA delegates elected under Bylaw 2446 4-9. 2447

2448 (9) Only delegates elected as Education Professional unit 2449

members shall vote for Education Professional unit members 2450 of the OEA Board of Directors. 2451

2452 e. An electoral unit or contiguous units may create a new district or be 2453

transferred from one district to another when a majority of the 2454 active OEA members in the electoral unit or contiguous units 2455 contemplating the creation of a new district or transfer from one 2456 district to another petition to do so. Said petitions shall be 2457 presented to the Board of Directors. The Board of Directors shall 2458 consult with the Executive Committee(s)/Board of Directors of the 2459 district(s) involved and shall hold election(s) in the electoral unit or 2460 contiguous units involved to determine if a majority of the members 2461 in the unit or units seek to create a new district association or 2462 transfer from one district to another. 2463

2464 9-6. Standards for Associate Organizations. 2465 2466 a. Shall be a common interest group, distinctive to the field of service 2467

of the group and shall be open to all potential members on a state-2468 wide basis. 2469

2470 b. Shall be exempt from the requirement in Bylaw 9-2a. 2471 2472 c. Shall have on file with the OEA a copy of its current Constitution to 2473

establish its compatibility with OEA. 2474 2475 d. Shall be self-governing but the purposes shall be compatible with 2476

OEA. 2477 2478 e. Shall have independent dues. 2479 2480 f. Shall file an annual report and such information as the OEA 2481

requests. 2482 2483 g. Shall have no voice in the governance or structure of OEA. 2484 2485 h. Shall adopt a policy that recognizes the preeminence of the Code 2486

of Ethics of the Education Profession. 2487 2488 i. May negotiate with the OEA Board of Directors to participate in 2489

cooperative projects. 2490 2491 j. May negotiate amount and cost of space and other services, with 2492

the percentage of OEA membership in the Associate organization 2493 being recognized as a factor in negotiations. 2494

2495

51

2496 9-7. Special Interest Groups and Caucuses. 2497 2498 a. Any Special Interest Group or caucus may be recognized by a 2499

majority vote of the OEA Board of Directors. 2500 2501 b. The terms and conditions of the relationship between the 2502

Association and the Special Interest Group or caucus shall be 2503 negotiated by the OEA Board of Directors and the group seeking 2504 recognition. 2505

2506 9-8. NEA Affiliation and Relations. 2507 2508 a. The OEA shall affiliate with the NEA under its rules and 2509

regulations. 2510 2511 b. The OEA shall participate in the NEA Representative Assembly 2512

through state delegates. 2513 2514 c. Delegates to the NEA Representative Assembly: 2515 2516

(1) The OEA Board of Directors shall by January 1 each year 2517 approve a plan for the election of the state allocation of NEA 2518 delegates in accordance with the provisions of the NEA 2519 Constitution and Bylaws. 2520 2521

(2) The Ohio members and alternates of the NEA Resolutions 2522 Committee shall be elected for one-year terms in accordance 2523 with the NEA Constitution, Bylaws, and Standing Rules. 2524

2525 (3) All persons elected as OEA delegates to the NEA 2526

Representative Assembly shall be active members of the 2527 NEA, OEA, Affiliated District Association, if eligible, and 2528 Affiliated Local Association, if eligible. 2529

2530 (4) All candidates for NEA delegate shall be nominated by 2531

petition signed by ten members or by a declaration of intent 2532 filed with the Secretary-Treasurer in accordance with the plan 2533 approved by the OEA Board of Directors. 2534

2535 d. A trained and experienced parliamentarian shall be in attendance 2536

at all caucus sessions of the Ohio NEA delegates. 2537 2538 e. Standing rules for the NEA delegate caucus will be adopted at the 2539

briefing or the first caucus of delegates, whichever occurs first. 2540 2541

10. PUBLICATIONS 2542 2543

10-1. Publications. There shall be official publications of the Association, 2544 which shall be distributed without additional fee to all members. 2545

52

2546 11. FISCAL PROCEDURES 2547

2548 11-1. General Fund. 2549 2550 a. The General Fund of the Association shall comprise all income 2551

received in the form of dues, interest, dividends, fees, earnings 2552 from advertising, sales of Association publications, payments for 2553 services and funds received by gift, bequest, devise, or transfer 2554 to the Association. 2555

2556 b. All operating accounts and debt services shall be paid out of the 2557

General Fund. 2558 2559 c. The General fund shall provide an operating reserve for cash 2560

needs in an amount equal to at least five (5) percent of the 2561 budget for the previous fiscal year. Appropriations from the 2562 operating reserves may only be made after approval by two-thirds 2563 (2/3) vote of the Board of Directors following twenty (20) days 2564 notice in advance of the proposed appropriation. 2565

2566 d. Disbursements from the General Fund shall be by check or by 2567

similar written orders to depositories co-signed by the Secretary-2568 Treasurer and by the Executive Director or by each such officer’s 2569 designees. 2570

2571 11-2. Business/Support/Administration Board of Directors 2572

Committee. The Business/Support/Administration Board of Directors 2573 Committee shall prepare, with the President, Secretary-Treasurer 2574 and the Executive Director, the budget. The Secretary-Treasurer 2575 shall be a member during his or her term of office. The President 2576 shall appoint, subject to the approval of the Board of Directors, 2577 members of the Board of Directors to serve. A member may only 2578 serve while a member of the Board of Directors. The Secretary-2579 Treasurer shall serve as chairperson. 2580

2581 11-3. Budget. The budget of the Association shall be designed to achieve 2582

the goals and objectives of the Association. The Board of Directors 2583 shall receive the proposed budget from the 2584 Business/Support/Administration Board of Directors Committee at 2585 least fifteen (15) days prior to its March meeting in even-numbered 2586 years. At its March meeting in even-numbered years, the Board of 2587 Directors shall review and tentatively approve a budget and direct its 2588 printing. The budget tentatively approved by the Board of Directors 2589 shall be balanced. The budget shall then be sent to all local presi-2590 dents, delegates to the Representative Assembly, and to Committee 2591 and Standing Committee Chairs. In even numbered years, the 2592 Business/-Support/Administration Board of Directors Committee 2593 shall hold at least one (1) open hearing on the proposed budget in 2594 each District prior to the Spring OEA Representative Assembly. 2595

53

Following such open hearings, the Board of Directors shall meet to 2596 approve the budget for transmittal to the Representative Assembly at 2597 its spring meeting. The Budget shall include an appropriation for 2598 contingencies and reserves amounting to at least two (2) percent of 2599 revenue. The appropriation in the OEA budget of two (2) percent of 2600 revenue for contingencies and reserves shall be divided as follows: 2601

2602 (1) One (1) percent shall be designated as contingency funds to 2603

be used pursuant to the terms of OEA policy. 2604 2605

(2) One (1) percent shall be designated as reserves. Reserves 2606 shall be divided equally for the purpose of: (A) funding any 2607 unfunded liabilities of the Association; and (B) absolute 2608 reserves to be used for extraordinary and/or catastrophic 2609 circumstances confronting the Association for which no other 2610 funding is budgeted or available. 2611

2612 In order for the absolute reserves to be accessed for expenditures, 2613

the Board of Directors shall, by a three-fourths (3/4) vote of the 2614 Board of Directors’ members present and voting, authorize any 2615 expenditure, including amount of the expenditure and a specific 2616 statement of the necessity for the expenditure, including the 2617 extraordinary or catastrophic circumstance that justifies such 2618 expenditure. 2619

2620 11-4. Implementation of Reserves. The operating reserve of the 2621

General Fund shall be implemented on the following schedule: In 2622 each budget, the Representative Assembly shall allocate not less 2623 than two (2) percent of income, excluding the amount earmarked in 2624 the Bylaws for debt retirement, to the General Fund Operating 2625 Reserve Fund. This obligation shall continue year by year until the 2626 year-ending General Fund surplus provides an operating reserve for 2627 cash, which is equal to five (5) percent of the previous year's General 2628 Fund budget. 2629

2630 11-5. Financial Reports. The Secretary-Treasurer shall cause to be 2631

prepared an annual report of the General Fund, including income 2632 and expenditures for the fiscal year. The audit report received by the 2633 Board of Directors shall be transmitted to the Representative 2634 Assembly and printed in the annual financial reports to the 2635 Representative Assembly. A summary of the audit and the 2636 Secretary-Treasurer's report shall be distributed to all members. 2637

Code of Ethics of the Education Profession Preamble

The National Education Association believes that the education profession consists of one education workforce serving the needs of all students and that the term ‘educator’ includes education support professionals.

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 the 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 the 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--

1. Shall not unreasonably restrain the student from independent action in the pursuit of learning.

2. Shall not unreasonably deny the student's access to varying points of view.

3. Shall not deliberately suppress or distort subject matter relevant to the student's progress.

4. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

5. Shall not intentionally expose the student to embarrassment or disparagement.

6. Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly--

a. Exclude any student from participation in any program

b. Deny benefits to any student

c. Grant any advantage to any student

7. Shall not use professional relationships with students for private advantage.

8. 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--

1. 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.

2. Shall not misrepresent his/her professional qualifications.

3. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.

4. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.

5. Shall not assist a noneducator in the unauthorized practice of teaching.

6. 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.

7. Shall not knowingly make false or malicious statements about a colleague.

8. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action.

Adopted by the NEA 1975 Representative Assembly, amended 2010

OEA OHIO EDUCATION ASSOCIATION

225 East Broad Street, Box 2550 Columbus, Ohio 43216 Phone (614) 228-4526

Toll free in Ohio 1-800-282-1500 Web Site: http://www.ohea.org

An affiliate of the National Education Association