CONSTITUTION

Adopted by MEA/MFT Merger Task Force

January 31, 1998

Adopted by the MEA Delegate Assembly

April 4, 1998

Adopted by MFT Officers Convention

May 9, 1998

1. NAME

There shall be an organization of members and locals working in schools; state, county, and local government; and health care, called MEA/MFT.

2. ORIGIN

For all purposes, MEA/MFT shall be a continuation and successor of the Montana Education Association and Montana Federation of Teachers that upon the effective date of this constitution shall be merged into a single organization.

3. DATE

This constitution shall go into effect June 15, 2000, or so soon thereafter as governing documents of the National Education Association (NEA) and American Federation of Teachers (AFT) or successor organization permit.

4. AFFILIATION

A. National Education Association and American Federation of Teachers

1. MEA/MFT shall be affiliated with the NEA and AFT or successor organization.

2. MEA/MFT’s constitution shall be consistent with NEA and AFT or successor governing documents.

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B. American Federation of Labor - Congress of Industrial Organizations

1. MEA/MFT shall be affiliated with the AFL-CIO.

2. a. Locals shall be affiliated with the AFL-CIO through MEA/MFT except that no later than six months after the effective date of this constitution, former MEA locals may by all-member ballot opt out of affiliation with the AFL-CIO.

b. Locals opting out of AFL-CIO affiliation may reaffiliate through MEA/MFT at any time.

3. The board of directors shall transmit MEA/MFT dues to the AFL-CIO.

C. Locals

1. As approved by the representative assembly, the board of directors shall affiliate locals.

2. Each local shall adopt governing documents consistent with this constitution and comply with standards of affiliation the representative assembly may adopt.

5. COMPLIANCE

If any provision of this constitution, in part or in whole, is found to be in violation of federal or state law or NEA and AFT or successor governing documents, it shall be amended to ensure compliance at the next meeting of the representative assembly.

6. PURPOSE

MEA/MFT shall represent and advocate for members and locals and serve the students, clients, public schools, and institutions in which members work.

7. AFFIRMATIVE ACTION

Pursuant to federal and state law and NEA and AFT or successor governing documents, MEA/MFT shall adopt appropriate measures to provide minority, gender, member, and local balance in governance, program, and staff.

8. MEMBERSHIP

A. Categories

Membership shall consist of active, retired (MEA/MFT-R), student, staff, and associate members.

1. Active membership shall be open to employees eligible for bargaining unit status to include:

a. Pre K-12 public school certified and classified personnel.

b. Pre K-12 publicly funded program personnel such as Head Start.

c. Public postsecondary school professional and support personnel.

d. State, county, and municipal public employees.

e. Health care employees.

f. People who have been granted active life membership status in the Montana Education Association and Montana Federation of Teachers as of August 31, 1997.

2. a. Retired membership shall be open to former active members who have retired from active membership eligibility.

b. Members of MEA-R and equivalent MFT program shall automatically become members of MEA/MFT-R.

3. Student membership shall be open to persons enrolled in accredited colleges or universities who are not eligible for active membership.

4. Staff membership shall be open to staff employees.

5. Associate membership shall be open to persons who fit no other membership category.

B. Membership Year

The membership year shall be September 1 through August 31.

C. Continuing Membership

Membership shall be continuous from year to year unless revoked in writing during the annual termination period.

D. Unified Membership

So far as NEA and AFT governing documents permit, membership shall be unified -- local, state, and national affiliates.

E. Governance Rights

1. Active members shall have full governance rights including the right to vote and run for local, district, and state offices.

2. Retired members (MEA/MFT-R) may be nominated and elected from their membership to serve as directors to the board of directors and delegates to the representative assembly.

3. Student members may be nominated and elected from their membership to serve as delegates to the representative assembly.

4. Staff and associate members shall have no governance rights.

9. FISCAL YEAR

The fiscal year shall be September 1 - August 31.

10. DUES AND ASSESSMENTS

A. Representative Assembly

1. The representative assembly shall establish dues for membership categories.

2. The representative assembly may require special assessments.

3. a. Proposed changes in dues shall be presented in writing to the president at least 60 calendar days before the next meeting of the representative assembly.

b. The president shall notify members and locals of proposed changes in dues at least 30 calendar days before the next meeting of the representative assembly.

B. Board of Directors

The board of directors shall determine how dues are collected and disbursed.

C. NEA and AFT Dues

1. MEA/MFT shall transmit dues to NEA and AFT for each MEA/MFT member eligible for membership in NEA and/or AFT.

2. Dues transmitted to NEA and AFT shall be proportional to the amount transmitted immediately before the effective date of this constitution.

11. STATE OFFICERS

A. Positions

State officers shall be president, vice president, secretary-treasurer, and NEA director.

B. Terms

Except for the NEA director, state officers shall serve two-year terms beginning June 15.

C. Limitations

State officers shall not simultaneously hold other state offices in MEA/MFT.

D. Eligibility

Candidates for state president, vice president, secretary-treasurer, and NEA director shall be active members.

E. Elections

1. Initial state officer elections shall be by all-member ballot.

2. Thereafter, state officers shall be elected at and by the representative assembly.

F. Duties

1. State President

a. Serve as the full-time chief governance officer of MEA/MFT.

b. Serve as chief spokesperson on matters of governance, program, and policy.

c. Supervise, evaluate, and direct management.

d. Serve on and preside over meetings of the board of directors and representative assembly.

e. Prepare the agenda for meetings of the board of directors and representative assembly.

f. Review policies, positions, programs, dues, and budget and make recommendations to the appropriate governance entity.

g. Sign contracts and other instruments connected with the business, legal, and professional affairs of MEA/MFT.

h. Appoint chairpersons and members of committees.

i. Serve ex-officio without vote on committees.

j. Publish MEA/MFT publications.

k. Pursuant to NEA and AFT or successor governing documents, serve as a delegate to NEA and AFT or successor representative assemblies.

l. Perform duties as stipulated in the constitution, delegated by governing bodies, and as are customarily assumed by the chief governance officer.

m. Delegate duties to other officers and management.

n. Report on a regular basis to the board of directors.

2. State Vice President

a. Preside in the absence of the president or when the president is unable to perform the duties of the office.

b. Succeed to the presidency should a vacancy occur and serve the unexpired term.

c. Pursuant to NEA and AFT or successor governing documents, serve as a delegate to the NEA and AFT or successor representative assemblies.

d. Serve as alternate NEA director.

e. Serve as vice chair of the board of directors and delegate to the representative assembly.

f. Accept duties as may be assigned by the president.

3. State Secretary-Treasurer

a. Serve as treasurer of MEA/MFT.

b. Pursuant to NEA and AFT or successor governing documents, serve as a delegate to the NEA and AFT or successor representative assemblies.

c. Accept duties as may be assigned by the president.

4. State NEA Director

a. Serve a term of office consistent with NEA governing documents.

b. Serve as a member of the board of directors and delegate to the representative assembly.

c. Accept duties as may be assigned by the president.

G. Unresolved Vacancy

Should a vacancy occur in a state office or the directorship-at-large to which there is no designated successor, the board of directors shall elect a successor to fulfill the unexpired term.

H. Nominations and Elections

1. In an election year, for purposes of state officer and director-at-large nominations and elections, the president shall appoint a nominations and elections committee of not more than 7 members representative of the various membership categories.

2. No member of the nominations and elections committee shall hold state office.

3. At least 60 calendar days before the representative assembly in an election year, the committee shall notify members and locals of positions open for nominations.

4. The committee shall accept eligible nominees and report to the representative assembly.

5. Nominations may be made from the floor of the representative assembly.

6. Nominations shall cease at the first session of the representative assembly.

7. The committee shall supervise the election of state officers and director-at-large.

8. a. Any challenge of the election results shall be filed in writing with the committee no later than 30 calendar days after the election.

b. If the committee is unable to resolve the challenge, then the issue shall be presented to the next meeting of the board of directors.

c. If the board of directors is unable to resolve the challenge, then the issue shall be presented to the next meeting of the representative assembly.

d. If no challenge is filed, the committee shall dissolve.

12. DISTRICTS

A. Creation, Dissolution, and Reorganization

1. Subject to the approval of the representative assembly, the board of directors shall organize active members and locals into districts.

2. Subject to the approval of the representative assembly, the board of directors may dissolve or reorganize districts.

3. Districts shall be numbered consecutively.

4. Districts shall reflect specific membership categories, local membership size, geographic, and employment related circumstances.

5. Whenever possible districts shall have 650 members.

6. Locals of 650 members or major fraction thereof shall constitute a single district.

7. Should a specific membership category not have 650 members, it shall nonetheless be organized into a district.

B. District Councils

1. Each district shall be governed by a district council.

2. District Council Delegates

a. Multi-Local Districts

(1) By all-member ballot, each local shall elect by and from its membership at least one delegate to the district council.

(2) Each local having more than 35 members shall elect additional delegates on the basis of 1 delegate for each additional 35 members or major fraction thereof.

b. Single Local Districts

A local constituting a single district shall elect delegates to the district council on the basis of 1 delegate for each additional 35 members or major fraction thereof.

c. Local delegates elected to the district council shall also serve as local delegates to the representative assembly.

3. Officers and Directors

a. By all-member ballot, each district shall elect a district chair who shall preside over district council meetings and serve as the district director to the board of directors and delegate to the representative assembly.

b. By all-member ballot, each district shall elect a district vice chair who shall preside over district council meetings in the absence of the chair, succeed to the chair should a vacancy occur, serve as the district alternate director to the board of directors and alternate delegate to the representative assembly.

c. Odd-numbered districts shall elect chairs and vice chairs in odd-numbered years. Even-numbered districts shall elect in even-numbered years.

d. District chairs and vice chairs shall serve two-year terms beginning June 15.

e. Nominations and elections of district chairs and vice chairs shall be open to members of the district.

f. (1) Should a local constitute a single district, the local president and vice president shall simultaneously serve as the district chair and vice chair respectively.

(2) Should a local constitute a single district, the local shall adopt its own nominations and elections procedures and terms of office consistent with this constitution.

g. Should a district or a local constituting a single district have more than 650 members, the district shall elect additional directors and alternates to the board of directors and additional delegates and alternate delegates to the representative assembly on the basis of 1 delegate for each additional 650 members or major fraction thereof.

4. Duties

a. Preview and review actions of the board of directors and representative assembly.

b. Make recommendations to the board of directors and representative assembly.

c. Nominate members to serve on committees.

d. Provide member training programs.

e. Serve as an information conduit to and from locals to the board of directors and representative assembly.

5. Vote

a. The chair and vice chair of a district council shall have 1 vote each.

b. Regardless of the number of delegates, each local properly credentialed at the district council shall cast as many votes as it has members, apportioned among delegates present.

c. The chair, vice chair, and local delegates must be present to vote.

6. Meetings

District councils shall meet 3 times annually at a time and place established by the councils.

13. BOARD OF DIRECTORS

A. Composition

1. The board of directors shall be composed of state officers, district directors, retired membership directors, and 1 director-at-large.

2. The director-at-large shall be elected by the representative assembly to a two-year term beginning June 15.

B. Duties

1. Implement the actions of the representative assembly.

2. Make recommendations to the representative assembly.

3. Give directions to the president.

4. As approved by the representative assembly, affiliate locals.

5. As approved by the representative assembly, create, dissolve, or reorganize districts.

6. Prepare a budget for the consideration of the representative assembly.

7. Determine how dues are collected and disbursed.

8. Direct the financial affairs of MEA/MFT.

9. Transmit MEA/MFT dues to the AFL-CIO.

10. Employ management staff and approve contracts with the same.

11. Negotiate with organized staff and ratify contracts with the same.

12. Adopt policies, positions, and programs.

13. Elect successors to vacancies in state offices or the directorship-at-large.

14. Hear and attempt to resolve member, local, and district disputes.

15. Create and dissolve committees.

16. Accept duties as may be assigned by the president.

C. Vote

1. State officers and the director-at-large shall have 1 vote each.

2. Each district and retired director shall have a vote weighted to reflect the number of active and retired members these directors represent.

3. The total number of weighted votes shall equal the number of directors not counting the state officers and director-at large.

4. State officers and directors must be present to vote.

D. Meetings

1. The board of directors shall meet 3 times annually at a time and place established by the board.

2. The president may convene a special meeting of the board of directors.

14. REPRESENTATIVE ASSEMBLY

A. Composition

1. The representative assembly shall be composed of state officers, directors to the board of directors, and delegates representing locals, retired, and student members.

2. Local Delegates

a. Local delegates shall be nominated and elected by and from the membership of their locals.

b. Each local shall elect at least 1 delegate.

c. Each local having more than 35 members shall elect additional delegates on the basis of 1 delegate for each additional 35 members or major fraction thereof.

3. Retired and Student Delegates

Retired and student members shall elect delegates by and from their memberships on the basis of 1 delegate for each 35 members or major fraction thereof.

B. Duties

1. Amend this constitution.

2. Serve as the final authority in governance matters.

3. Effective with the second election, elect state officers.

4. Elect the director-at-large to the board of directors.

5. Adopt policies, positions, and programs.

6. Adopt the budget.

7. Establish dues and assessments for membership categories.

8. Establish standards of local affiliation.

9. Approve local affiliations.

10. Approve creation, reorganization, or dissolution of districts.

11. Create and dissolve committees.

12. Hear and resolve member, local, and district disputes.

C. Vote

1. State officers and directors shall have 1 vote each.

2. Regardless of the number of elected delegates, each local properly credentialed at the representative assembly shall cast as many votes as it has members, apportioned among delegates present.

3. Delegates must be present to vote.

D. Meetings

1. The representative assembly shall meet annually at a time and place established by the board of directors.

2. Upon at least 30 calendar days notice to members and locals, the board of directors may convene a special representative assembly

15. COMMITTEES

A. Creation

The board of directors and/or representative assembly may create committees to advise MEA/MFT on policies, positions, and programs.

B. Accountability

Committees are accountable to the president and governance entity that creates them.

16. DISPUTE RESOLUTION

A. Board of Directors

Should a dispute arise over the interpretation of this constitution, implementation of a representative assembly action, or election of a state officer, a member, local, or district council may seek resolution at the next meeting of the board of directors.

B. Representative Assembly

If not satisfied at the board of directors, the member, local, or district council may seek resolution at the next meeting of the representative assembly.

C. NEA and AFT

If not satisfied at the representative assembly, the member, local, or district council may seek resolution from NEA and AFT or successor organization.

17. PARLIAMENTARY AUTHORITY

A. Self-Governance

Locals, district councils, board of directors, and representative assembly shall adopt rules of procedure consistent with this constitution and NEA and AFT or successor governing documents.

B. Roberts’ Rules of Order -- Latest Edition

In the absence of adopted rules of procedure, Roberts’ Rules of Order -- Latest Edition shall govern governance meetings.

18. AMENDMENTS

A. In the first 4 years of this constitution, the representative assembly may amend this constitution by a 3/4ths vote. Thereafter the representative assembly may amend this constitution by a 2/3rds vote.

B. A member, local, district council, or board of directors may propose amendments.

C. Proposed amendments shall be presented in writing to the president at least 60 calendar days before the next meeting of the representative assembly.

D. The president shall notify members and locals of proposed amendments at least 30 calendar days before the next meeting of the representative assembly.

TRANSITION DOCUMENT

Adopted by the MEA/MFT Merger Task Force

January 31, 1998

Adopted by the MEA Delegate Assembly

April 4, 1998

Adopted by MFT Officers Convention

May 9, 1998

By action of the MEA delegate assembly (April 1997) and MFT executive council (September 1996), MEA and MFT are committed to achieving full and complete merger effective June 15, 2000.

MEA and MFT understand that to achieve full and complete merger will require a transition period.

The transition period shall begin with the adoption of this proposed transition document by both MEA and MFT.

The transition period shall end with the effective date of the proposed constitution.

During the transition period:

1. MEA and MFT governance agree to jointly address and make recommendations regarding primary issues, such as, but not limited to:

a. National affiliate merger guidelines, if any

b. Member dues

c. Governance districts

d. Staff—integration and management of existing MEA and MFT staffs

e. Programs and services

f. Policies

g. Assets and liabilities

2. The MEA executive director shall serve as the chief management officer of both MEA and MFT.

3. MEA/MFT shall employ, integrate, and assign existing MEA and MFT professional and associate staff to meet the needs of MEA/MFT.

4. In April or May, 2000, MEA and MFT shall meet in joint delegate assembly/officers’ convention to:

a. Adopt member dues for membership year 2000-2001.

b. Organize governance districts

c. Nominate state and district officers

d. Nominate and elect a director-at-large

e. Take whatever action is necessary to implement the MEA/MFT constitution

5. The first state officer elections shall take place in the spring of 2000, after the joint MEA and MFT delegate assembly/officers’ convention.

6. In the spring of 2000, after the joint MEA and MFT delegate assembly/officers’ convention, all districts shall elect district officers/directors to the board of directors. Even-numbered districts shall elect officers/directors to serve a two-year term; odd-numbered district officers/directors shall serve one-year terms.

TIMELINE

February 1998: MEA and MFT publish a joint newsletter featuring proposed constitution and transition document.

March 1998: MEA and MFT members, locals, and regions discuss proposed constitution and transition document.

April 3-4, 1998: MEA delegate assembly meets and considers proposed constitution and transition document.

May 8-9, 1998: MFT officers’ convention meets and considers proposed constitution and transition document.

May 1998: MEA and MFT conduct their own state, region, and local officer elections as scheduled.

September 1998 - April/May 2000: MEA and MFT governance meet as necessary to comply with the transition document.

September 1998 or as soon thereafter as possible: NEA and AFT approve merger of MEA and MFT into MEA/MFT.

September 1998 - April/May 2000: MEA and MFT act according to the best information available to plan for and guide implementation of MEA/MFT constitution.

April/May 2000: MEA delegate assembly and MFT officers’ convention meet jointly to implement constitution, establish dues, adopt a budget, organize districts, nominate and/or elect officers, etc. First MEA/MFT officer elections take place.

June 15 - 2000: MEA/MFT constitution takes full effect. MEA/MFT terms of office begin.