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Article I. Name, Purpose, and Governance
Section 1. Name
The name of this organization shall be the Mineral County Education Association (MCEA), an affiliate of the West Virginia Education Association and the National Education Association.
Section 2. Purpose
(1) Promote the continuing development and support of a highly trained, self-governing work force of educators.
(2) Elevate the standards of instruction and advance conditions essential to the best teaching services
(3) Protect the employment rights of MCEA members and advocate for the professional and employment interests of all West Virginia educators
(4) Promote the involvement of educators in decision-making that concerns their day-to-day work
(5) Develop and maintain Association governance structures and programs, which encourage broad participation and involvement in the Association
(6) Provide leadership in the formation and work of coalition dedicated to achieving economic health for Mineral County and the State of West Virginia
(7) Promote democratic processes and procedures for the development of public policy, and provide leadership in the formulation of policies affecting the quality of public education in Mineral County and the State of West Virginia
(8) Attain a just level of salaries and benefits to compensate and retain skilled, competent professional educators in Mineral County and the State of West Virginia
Section 3. Governance
The Association shall be governed by this Constitution and by such actions as may be taken by its membership consistent therewith.
Article II. Membership
Section 1. Active Membership
Active membership in the Association shall be available to all local professional personnel employed by or on limited leave from the Mineral County School System.
Section 2. Rights of Membership
The Association shall not deny membership to individuals on the basis of race, creed, sex or national origin.
Section 3. Membership Year
The membership year shall be September 1 through August 31. MCEA offers open enrollment until November 1. Employees hired after November 1 are eligible to join for 60 days after their hire date. Membership committee may designate other enrollment periods.
Section 4. Obligations of Membership
(1) Active members shall adhere to the Code of Ethics of Education Profession.
(2) Active Members shall support the stated purposes and objectives of the Association.
(3) Active members shall hold appropriate membership in the West Virginia Education Association and the National Education Association.
Section 5. Continuation of Membership
Active membership shall be continuous until the member leaves the school system, resigns from the Association, or fails to pay membership dues.
Section 6. Retired Membership
Retired membership in the association shall be available to all retired personnel of the Mineral County system that are lifetime members of WVEA/NEA.
Article III. Legislative Authority
Section 1. General Membership
The authority to establish Association policies and objectives to adopt an annual budget and establish dues, and to exercise final authority on all matters of the Association shall rest in the general membership of the Association. This budget will be submitted for adoption at the first designated meeting in September.
Section 2. Meetings
(1) All meetings shall be open to the general membership. The Association President shall schedule such meetings.
(2) The President may call for special meetings of the general membership, by majority vote of the Executive Committee, or by the petition of at least twenty percent of the membership.
(3) Representatives from the thirty percent of the schools with each of the three educational levels represented shall constitute a quorum for regular or special membership meetings.
Article IV. Officers and Executive Committee
Section 1. Officers
The officers of the Association shall consist of a president, vice-president, a secretary, and a treasurer elected by the membership at large.
Section 2. Executive Committee
The Executive Committee consisting of the four above-named officers and two members from each of the three educational levels shall function as the executive authority of the Association. The Executive Committee shall be responsible for managing the affairs of the Association, approving budget expenditures, carrying out the adopted policies of the Association, and acting for the Association between meetings of the general membership. The Executive Committee shall have the authority to create additional director positions as needed to provide at least proportional representation of ethnic-minorities or proportional representation of classroom teachers and administrators.
Section 3. Meetings
The Executive Committee shall meet at least five times during the school year. Five members shall constitute a quorum. The President or a majority of the Executive committee may call an emergency meeting of the Executive Committee upon reasonable notice to the members thereof. Attendance at the meeting shall constitute waiver of any objection concerning sufficiency of notice.
Section 4. Terms of Office
(1) The terms of office for all officers shall be three years.
(2) If a vacancy occurs in the office of President, the Vice-President shall immediately assume the duties of President. A vacancy occurring in any other office shall be filled by appointment of the President, approved by a majority vote of the Executive Committee, for the remainder of the unexpired term.
Section 5. Impeachment of Officers, Censure, Suspension, or Expulsion of Member
Officers of the Association may be impeached for violation of the Code of Ethics of the Education Profession, misfeasance, for malfeasance, or for nonfeasance in office. A member of the Association may be censured, suspended or expelled by the Executive Committee for serious violations of Article II, Section 4.
(1) Impeachment proceedings against an officer, or disciplinary proceeding against a member, may be initiated by written petition submitted to the Executive Committee by at least twenty-five (25) percent of the members of the Association.
(2) Any officer or member charged in such petition shall receive a copy of the petition, which must contain a clear statement of the conduct, which the petition allege, constitutes the impeachable offense or the basis for disciplinary action.
(3) The Executive Committee shall mail or deliver a copy of the petition to the charged party within two (2) working days of the receipt thereof.
(4) A hearing shall be set before the Executive Committee at last twenty (20) days after the charged party receives notice of the petition. A notice of the date, time, and place, of said hearing shall be provided to the charged party with the petition.
(5) At the hearing, the persons bringing the charges against the member, or officer, carry the burden of proving the charges contained in the petition.
(6) The charged party shall have the right o be present during the hearing; question the witness for the petitioners; present evidence in his/her defense; and be represented by counsel.
(7) If, after the full hearing, a two-thirds (2/3) vote of the Executive Committee shall sustain the charge, the office shall become vacant in the case of impeachment. In the case of discipline of a member, if a two-thirds (2/3) vote of the Executive Committee shall sustain the charge, the Committee must then vote as to whether the discipline shall be censure, suspension, or expulsion from membership. The vote on the form of the discipline shall be carried by a majority of the Executive Committee present.
(8) Any impeached officer or disciplined member may appeal the decision of the Executive Committee to: (select one)
- A meeting of the general membership, or
- A standing committee or review board appointed for this function. The charged party shall be entitled to a full hearing upon appeal, or
- The WVEA Review Board. The charged party shall be entitled to a full hearing upon appeal.
Section 6. Nomination and Election of Officers
The President shall annually appoint a Nomination Committee which shall be charged with the responsibility of securing candidates for pending vacancies in such a manner as will ensure at least proportional representation of ethnic-minorities and proportional representation of classroom teachers and administrators. Any active member shall have the right to make nominations or to be nominated to the Nominating Committee. The election of officers shall occur in the spring of election years. Elections shall be held according to the one person, one vote principle. Election shall be by secret ballot and shall require a majority of all votes cast. Elected officers shall assume office at the beginning of the next membership year unless the election is to fill a vacancy, in which case the elected officer shall assume the office immediately.
Section 7. Election Procedure
(1) Each faculty representative shall be provided with a number of ballots equal to the total number of members in his/her building.
(2) The faculty representative distributes one ballot to each member in his/her building
(3) The faculty representative will provide a method for all members to get their ballots to a central location.
(4) At a designated place and time, an Election Committee, consisting of at least two people, (not candidates) will count the ballots.
(5) The results of the election shall be reported to the membership, an all ballots and election materials shall be kept for a period of thirty days for inspection of challenge.
Section 8. Ethnic-Minority Representation
The Association shall make every effort to encourage the nomination and election of ethnic-minority members to the Executive Committee. In the event that the Executive Committee has fewer ethnic-minority members than is proportional to the percentage of ethnic-minority members, the Executive Committee shall create the necessary additional office(s) and the Nominating Committee shall call for the nominations of ethnic-minority members. All members shall have the right to offer nominations. The general membership, at its next regularly scheduled meeting, shall elect the officer(s) by secret ballot.
Section 9. Proportional Representation by Educational Position
The Executive Committee shall be composed of the same proportions of classroom teachers and administrators as exist within the membership. In the event that the Executive Committee does not reflect that proportionality, the Executive Committee shall create sufficient new offices to achieve proportionality. All members shall have the right to offer eligible nominations for the new office(s) and the membership, at its next regularly scheduled meeting, shall vote by secret ballot for the new offices.
Article V. Duties of Officers
Section 1. President
(1) Preside over all Association meetings and prepare their agendas
(2) Represent the Association on all matters of Association policy
(3) Serve as ex officio member of all Association committees
(4) Represent the Association at local Board of Education meetings
(5) Coordinate the publishing and distribution least three newsletters per year
Section 2. Vice-President
(1) Preside over Association meetings in the absence of the President
(2) Performs such duties as delegated by the President
(3) Supervise membership recruitment and maintain membership rolls
(4) Coordinate American Education Week and Teacher Appreciation Week activities
Section 3. Secretary
(1) Keep accurate minutes of all official meetings of the Association
(2) Maintain official files of the Association
(3) Perform such duties as delegated by the President
(4) Publish the newsletter
Section 4. Treasure
(1) Hold the funds of the Association and disburse them upon authorization of the Executive Committee
(2) Maintain records of receipts and disbursements
(3) Prepare financial reports for meetings
(4) Coordinate activities and funds for the MCEA Scholarship
Article VI. Committees
The President shall appoint with the consent of the Executive Committee a Nominating Committee and such other committees as may be necessary to achieve the Association's program. All committees shall receive specific charges from the President and shall be discharged upon completion of those charges.
Section 1. The Executive Committee's Duties
(1) Attend two-thirds of all meetings
(2) Serve on at least one committee
(3) Perform such duties as designated by the President
(4) Serve as a liaison between the Association and the education level served
Section 2. The Nominating Committee's Duties
(1) Coordinate nominations
(2) Coordinate elections
Article VII. State and National Delegates
All Association delegations to State and National governance bodies shall be elected in conformance with respective requirements.
Article VIII. Finances
Section 1. Dues
At the first designated meeting in September, the membership will adopt a budget for the membership year establish a dues schedule sufficient to fund the budget.
Section 2. Finance Report
The President shall direct the treasurer to submit a Financial Report on the prior year's transactions at the first designated meeting in September.
Section 3. Incentives
Upon successful completion of duties, the following incentives shall be awarded.
(1) The President's dues shall be reimbursed 100 percent
(2) All other officer's dues shall be reimbursed at 50 percent
(3) Executive Committee members' dues shall be reimbursed at 25 percent
(4) In addition to the above listed dues reimbursements, two Association sponsored dinner meetings shall be provided for all officers and building representatives.
Article IX. Authority
Section 1. State and National Affliation
The Association shall comply with all affiliation requirements of the West Virginia Education Association and the National Education Association. Any part of this Constitution found to be in conflict with the constitution or bylaws of either the West Virginia Education Association or the National Education Association shall be declared null and void.
Section 2. Parliamentary Procedure
Robert's Rules of Order, Newly Revised shall be the authority governing all matters of procedure not otherwise provided in this Constitution.
Article X. Review
This Constitution shall be reviewed at least once every five (5) years to determine its compliance with WVEA/NEA standards.
Article XI. Amendments
The members may adopt amendments to this Constitution by a two-thirds majority of those voting at any regular meeting provided that amendments have been introduced at the preceding regular meeting and that copies of proposed amendments have been distributed to members for discussion.
Revised March 12, 2005
MCEA Constitution Committee
Dan Radko, Chairman
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