BSCTA Constitution

BAY SHORE CLASSROOM TEACHERS ASSOCIATION, INC.
CONSTITUTION AND BY-LAWS
 
ARTICLE ONE
NAME
 
The name of this organization shall be the Bay Shore Classroom Teachers Association, Inc., hereinafter referred to as “Association”.
 
ARTICLE TWO 
AIMS AND PURPOSES
 
  • The aims and purposes of this Association shall be the following:
  • To represent its members in collective negotiations relating to salaries, hours, and other terms and conditions of employment.
  • To further American democratic procedures in public schools.
  • To work for the well being of students, the advancement of education, and the improvement of instructional opportunities for all.
  • To provide a forum for the discussion of local, state, national and international problems in education.
  • To serve as a medium through which teachers may speak with authority on education matters.
  • To act as a single representative to the administration and the Board of Education in order to promote the professional, social and general welfare of the membership.
  • To alert faculty and community to mutual problems and opportunities.
  • To exchange ideas about classroom procedures.
  • To foster friendly attitudes between the community and the teaching profession.
  • To cooperate with all agencies working toward the general welfare of the youth of Union Free School District #1 of Islip.
 
ARTICLE THREE
AFFILIATION AND REGISTRATION
 
Section 1. The Association shall be affiliated with NYSUT, and its national affiliates.
 
Section 2. The Association may affiliate with those additional organizations, which it believes are consistent with its aims and purposes.
 
Section 3. The Association shall register annually with the Board of Regents, through the State Education Department, as an organization of members of the professional staff.
 
ARTICLE FOUR
MEMBERSHIP
 
Section 1. Eligibility for Membership: Any member of the Bay Shore teaching staff is eligible for active membership provided he/she has made timely payment of the annual Association dues for the fiscal year beginning October 1, and ending September 30.
 
Section 2. All retirees of the BSCTA, including members of the BSRTA, will remain members of the BSCTA for life, with no additional dues. 
 
Section 3. Ineligibility for Membership: The Superintendent of Schools, Assistant Superintendents, Administrative Assistants to the Superintendent, Directors, Principals, and Assistant Principals are prohibited from any kind of membership in the Association.
 
Section 4. Special Membership: The Board shall have the authority to grant special membership to any individual not specifically prohibited by these By-Laws.  Said special membership shall be conditioned upon whatever terms the Board shall deem appropriate.
 
Section 5. Rights and Privileges of Members:
A. Any active Association member shall have the right to attend all meetings, address the chairman, discuss items of business, make motions, initiate petitions and vote on all matters before the general membership.
 
B. Special Association members shall have the right to attend all meetings of the General membership and may address the Chairman. Said special members may be consulted by committees for advice and information. However, special members shall not have the right to vote.
 
C. Membership and the rights and privileges thereof shall be in accordance with the statutes set forth in Public Law 86-257 and amended by Public Law 89-216, known as the Landrum-Griffin Act.
 
ARTICLE FIVE
OFFICERS
 
The officers of the Association shall be President, 1st Vice-President, Secretary/Treasurer.
 
ARTICLE SIX
EXECUTIVE BOARD
 
All Association officers and standing committee chairmen shall form a body known herein after as the Executive Board.
 
ARTICLE SEVEN 
BOARD OF DIRECTORS
 
All Association officers, teacher representatives, and chairmen of standing committees shall form a body known as the Board of Directors, herein after referred to as the “Board”. The Board’s functions, duties and responsibilities shall be set forth in Article Twelve.
 
ARTICLE EIGHT
DUES
 
Section 1. The Board shall establish the amount of annual dues in accordance with Article Twelve, Section 4-B, Paragraph 7.
 
Section 2. Dues paid at any time during the fiscal year October 1, through September 30, shall be applied to membership in the fiscal year only.
 
Section 3. Payment of dues shall be by payroll deduction or as otherwise determined by the Board.
 
Section 4. Any Individual seeking Association membership after the Board established deadlines may do so by special application to said Board.
 
ARTICLE NINE
AMENDMENTS
 
Section 1. Proposed amendments to the By-Laws shall be sponsored by either a two-thirds (2/3) majority vote of the Board or by a petition to the Secretary signed by at least twenty percent (20%) of the active Association members.
 
Section 2. Proposed amendments to the By-Laws shall be presented to the Board at least thirty (30) calendar days prior to the vote.
 
Section 3. Unless otherwise directed by the Board all proposed amendments to the By-Laws shall be published in the official Association journal or on the official BSCTA website at least ten (10) days prior to the general membership vote.
 
Section 4. The Association By-Laws shall be amended after a majority vote of the general membership. Said voting shall take place in accordance with the standards set forth in Article Fourteen, Section 3.
 
ARTICLE TEN
MANUAL OF PROCEDURES
 
Any and all items or procedures not specifically referred to under the By-Laws contained herein shall be governed in accordance with the Manual of Procedures. Said Manual of Procedures shall be subject to Board approval.
 
ARTICLE ELEVEN
 OFFICERS;
DUTIES, RESPONSIBILITIES, & TERMS OF OFFICE
 
Section 1. Duties and responsibilities:
A. President
1. The President shall issue the call for convening all regular and special meetings of the Board and Executive Board and shall preside at all meetings of the Association, Board and Executive Board.
 
2. The President shall be ex-officio member of all committees, except special committees appointed to investigate controversial matters pertaining to the election of officers or matters of personal prejudice.
 
3. The President shall aid all committees of which he/she is an ex-officio member in the performance of their duties. He/she shall report to the Board those committees failing to make satisfactory progress.
 
4. The President shall be authorized to expend up to $500 per month for non-budgeted items without prior approval of the Board.
 
5. The President shall appoint all standing committee chairpersons and said appointments shall be subject to Board approval.
 
6. The President may appoint additional administrative personnel to assist the Board in carrying out its duties. Said appointments shall be subject to Board approval.
 
7. The President shall execute all directives of the Board and all decisions of the general membership.
 
8. The President shall countersign all checks by affixing his/her signature last, and shall be bonded at Association expense.
 
9. The President shall prepare a budget for the following year with the assistance of the treasurer.
 
10. The President shall serve as delegate to all state and national affiliated organizations.
 
B. 1st Vice-President
1. The 1st Vice-President shall assist the President in the performance of his/her duties.
 
2. The 1st Vice-President shall preside in the absence of the President. He/she shall assume the office of the President upon the vacancy of that office and shall so serve until the next regular election.
 
3. The 1st Vice-President shall be a designated signer of all checks and shall be bonded at Association expense.
 
4. The 1st Vice-President shall be ex-officio member of all committees and shall serve as an active member of special committees appointed to investigate controversial matters or matters of personal prejudice.
 
5. The 1st Vice-President shall assign, on a rotating basis, an Executive Board member to attend Board of Education meetings.
 
6. The 1st Vice-President shall be an observer and consultant to the negotiations team. This duty shall not negate nor diminish the requirements stated in Article Twelve, section 6-B (selection of members the negotiating team.)
 
7. The 1st Vice-President shall be responsible for such other activities as are assigned by the President or the Board.
 
C. 2nd Vice-President
1. The 2nd Vice-President shall assist the President in the performance of his/her duties.
 
2. The 2nd Vice-President shall preside in the absence of the President and 1st Vice-President.  He/she shall assume the office of 1st Vice-President upon the vacancy of that office and shall so serve until the next regular election.
 
3. The 2nd Vice-President shall be responsible for the annual training and orientation of teacher representatives.
 
4. In the event that the Secretary/Treasurer is unable to perform his/her duties, the 2nd Vice-President shall countersign all checks at the direction of the Board and therefore shall be bonded at Association expense.
 
5. The 2nd Vice-President shall be responsible for such other activities as are assigned by the President or the Board.
 
6. The 2nd Vice-President shall be responsible for all member benefits.
 
D. Secretary/Treasurer
1. The Secretary/Treasurer shall keep an official record of all meetings of the Board and the Association
 
2. The Secretary/Treasurer shall approve the Board’s minutes and shall be responsible for its distribution to the teachers’ representatives within the week following a Board meeting.
 
3. The Secretary/Treasurer shall pass the official file to any successor, complete with minutes, and other information collected during his/her term. All records shall be maintained in the Association office unless otherwise authorized by the Board.
 
4. The Secretary/Treasurer shall be responsible for listing and filing all records of the Association and shall keep a list of all properties.
 
5. The Secretary/Treasurer shall have a list of all officers and the dates their terms of office expire.
 
6. The Secretary/Treasurer shall record and file any correspondence in chronological order as directed by the Board.
 
7. The Secretary/Treasurer shall complete annually all forms and questionnaires pertinent to the maintenance of registration as a professional organization as may be required by law.
 
8. The Secretary/Treasurer and elections committee chairperson shall be in charge of all election procedures as set forth in Article XIV.
 
9. The Secretary/Treasurer shall be responsible for keeping all membership records up to date and reporting any and all changes to NYSUT, the President, the 2nd Vice-President and the treasurer.
 
10. The Secretary/Treasurer shall be responsible for coordinating the duties of the Association office and staff.
 
11. The Secretary/Treasurer shall receive all monies due the Association in an FDIC member banking institution designated by the Board.
 
12. The Secretary/Treasurer shall disburse Association funds within the categories of the approved.
 
13. In a manner approved by the Board the Secretary/Treasurer shall keep an accurate account of the receipts and expenditures of the Association. An accurate and up to date set of treasurer’s records shall be maintained in the Association office files.
 
14. The Secretary/Treasurer shall give assistance in preparing the annual audit of the books. The auditor shall be a CPA selected by the Board and shall not be an employee of the school district.
 
15. The Secretary/Treasurer shall make a written monthly report at its monthly meeting. The Executive Board shall distribute said report to the Board members within 7 days. The treasurer’s report shall accompany the regular Board minutes. The Secretary/Treasurer shall also submit an annual report at the end of the fiscal year in the same prescribed manner.
 
16. The Secretary/Treasurer shall submit a written report of those persons paying membership dues to the secretary and the President within 10 days of receipt.
 
17. The Secretary/Treasurer shall keep an accurate record of membership number and this shall be available to any member upon request and shall be reported at meetings upon request of the Board. The treasurer shall cooperate with the secretary concerning these figures on membership.
 
18. The Secretary/Treasurer shall assist the President in the preparation of a budget for the upcoming year.
 
19. The Secretary/Treasurer shall be a designated signer of all checks and therefore shall be bonded at Association expense. He/she shall obtain and submit 4 signature cards to the bank as approved by the Board.
 
20. The Secretary/Treasurer shall be responsible for the filing of affiliation forms and fees annually as directed by the Board.
 
Section 2. No officer or member of the Board shall take unilateral action regarding Association affairs except as authorized, if the situation permits, by the Executive Board or general membership. All decisions are made official only by approval of the Board.
 
Section 3. Commencing May 1981, the terms of office shall become effective at the May annual meeting. Commencing May 2007, all officers shall serve a term of three years.
 
Section 4. The Executive Board shall take care of the routine business of the Association between meetings of the Board, but shall not make policy.
 
Section 5. In the event of the inability of the President or the Vice-President to conduct the business of this Association, the elected officers, in the order in which they are listed in these By-laws shall succeed to the position of presiding officer.
 
ARTICLE TWELVE
BOARD OF DIRECTORS
DUTIES, FUNCTIONS AND RESPONSIBILITIES
 
Section 1. Composition of the Board:
There shall be a Board of Directors consisting of the officers, teacher representatives, and chairpersons of standing committees.
 
Section 2. Representation:
Each building faculty shall be entitled to one (1) teacher representative for every twenty (20) active members, or any part thereof, with a minimum of two (2) per building. Said teacher representatives shall be elected annually by a majority vote of the active members serving in his/her building.
 
Section 3. The duties and responsibilities of the teacher representative shall be determined by the Board and set forth in the Manual of Procedures.
 
Section 4. Duties:
A. All matters pertaining to the Association shall be under jurisdiction of the Board, however, an action at a general meeting shall take precedence over an action of the Board.
 
B. Subject to restrictions elsewhere in these By-Laws, the Board shall, by majority vote of those present:
1. Determine policies and direct and conduct all business of this Association.
 
2. Accept or reject all appointments made by the President as stated in Article Eleven, Section 1 A-5 and 6.
 
3. Fill all vacancies which occur among the officers within one (1) month. Procedures set forth in Article Fifteen, Section 2.
 
4. Aid committees and individual officers in the performance of their duties.
 
5. Hear all members who wish to speak on matters, which would be of interest to this Association.
 
6. Approve the expenditures of all unbudgeted monies of the Association (single expenditures in excess of $500.00 shall require a 2/3 vote of those present).
 
7. Fix the amount of dues not later than the time for the submission of the annual budget. Once established any additional assessment shall be prohibited.
 
8. Shall perform the duties with respect to removal from office as provided in Article Fifteen.
 
9. Designate a depository in which funds of the Association shall be kept.
 
10. Designate annually a CPA, who is not an employee of the school district, to act as auditor.
 
11. Declare vacant any position of officer or Board member when any person holding such a position ceases to be a member of the organization or fails to function properly as described in Article Fifteen, Section 1.
 
12. Be responsible for approval of any action deemed necessary to protect the legal rights of any member and/or the Association, and seek redress through the office of the Commissioner of Education and/or the appropriate state and federal courts or administrative agencies.
 
13. Approve or disapprove all committee appointments
 
14. Assume any powers or duties not specifically granted by these By-Laws subject to immediate review of the general membership.
 
Section 5. Board Meeting, Rights of Members:
A. All members of the Association are herby given the right and privilege to attend all regular meetings of the Board, but they shall not take part in discussions without first obtaining permission from the Chair.
 
B. Any member of the Association is herby given the right and privilege to petition the Board for either a public or private hearing on any matter in keeping with the aims of the Association and it shall be the duty of this Board to grant said request on a mutually agreeable date.
 
Section 6. Duties of Standing Committees:
A. Ethics and Legal Affairs Committee
1. This committee shall be comprised of the President, the Ethics and Legal Affairs Chairperson and one (1) chief building representative from each of the buildings.
 
2. This committee shall be a consultant on ethics and legal questions for members of the Board on matters of existing policy and law. The committee shall avail itself of the advice of the NYSUT Legal Department and make his/her recommendations available to members and the Board. Members of this committee shall be available for counsel and/or representation in matters of individual and/or group grievances before the administration and/or Board of Education. The chairperson of this committee shall be a full voting member of the Board.
 
3. The chairperson of this committee or any other member of this committee is prohibited from initiating any arbitration action in the name of the Association without prior approval of the Board. This shall not be construed as a restraint of the right of a member of this Association to receive assistance and representation in grievance matters.
 
4. This committee is responsible for matters relating to ethics, grievance matters and legal rights of members. They shall be available to the members of this Association, members of the Board, and officers of this Association, for consultation and representation on the above mentioned matters. In any official representation on a grievance matter, at least two members of this committee must be present. Part of their responsibility is to keep abreast of the latest court rulings, commissioner decisions, and State Education Department opinions, rules and regulations.
 
5. Ethics and Legal Affairs Chairperson shall invite, from this district, delegates to the annual convention of the New York State Teachers Retirement System, delegates and alternates to the NYSUT Representative Assembly, members of special committees relevant to legislation and retirement matters of the above mentioned and other teacher organizations and other members of this Association to serve as members of this committee. This committee shall be responsible for being conversant with the legislative program of NYSUT and any other educational legislation. They shall report significant legislative and retirement information, along with recommendations, to the Board.
 
B. Teacher-School Board Negotiations Committee:
1. The Board shall establish a negotiations committee. The President shall appoint a negotiations team and his/her appointments shall be subject to Board approval. The team shall lead the committee and shall consist of a chairperson as well as a minimum of two (2) other persons.
a. The Board shall establish the negotiations committee from volunteers, where available, from a variety of grade levels and disciplines.
 
2. The negotiations committee shall engage in research, studies, surveys and any other activity necessary to determine the negotiating position of the Association.
 
3. The committee shall prepare a written proposal for negotiations that represents the varied interests of its membership. The Board shall review the proposal and make its recommendations to the negotiating team. When the Board is satisfied with the proposal, it shall authorize the negotiating team to commence collective negotiations.
 
4. The President may appoint a field representative from NYSUT as a non-voting member of the negotiations team. Said appointments shall be subject to Board approval.
 
5. The negotiations team shall be the exclusive representative of the general membership during the process of collective negotiations with the School Board or its representatives. Said representation shall terminate when an agreement has been ratified or as directed otherwise by the President with Board approval.
 
6. The chairperson of the negotiations team shall have the exclusive power and responsibility of reporting matters pertaining to negotiations to the appropriate bodies, officials or members of the Association.
 
7. The President shall appoint a chief negotiator to act as exclusive spokesperson at the negotiations sessions between the Association and the District. Said appointment shall be subject to Board approval by a two-thirds (2/3) margin of the entire Board.
 
8. When, after consultation with other negotiators, one or more negotiators believe that the possibility of an impasse is impending, the matter is to be immediately referred to the Board.
 
9. When the chief negotiator for the BSCTA shall have in his/her possession a tentative agreement signed by him/herself and the District’s authorized representative, the negotiations team shall proceed to make recommendations and comments to the Board concerning ratification of said agreement.
 
C. Public Relations and Communications Committee:
This committee shall be responsible for formal communication with the profession and the community at large, continually emphasizing that  teaching is a responsible and dignified profession. Further, they shall be responsible for:
1. Publication of the official journal of the Association.
 
2. Distribution of all materials.
 
3. Issuance of all press releases except negotiations.
 
4. Providing the community with information regarding the profession and the schools.
 
5. Having an editorial board composed of the Executive Board and any advisory personnel.
 
D. Pension and Retirement Committee:
1. This committee shall consist of two (2) representatives, and one alternate appointed by the President and approved by the Board.
 
2. This committee shall be responsible for the dissemination of information to all Association members regarding the New York State Teachers Retirement System.
 
E. Political Action Committee:
This committee shall be responsible for work in all political campaigns at the national, state and local levels. They are charged with making recommendations to the Board involving endorsements in local Board of Education elections. Further, they shall be responsible for:
1. Assisting Building Representatives in fund raising for NYSUT VOTE/COPE.
 
2. Coordinating letter-writing activities in support of, or opposition to, individual bills in Albany and/or Washington.
 
3. Conducting campaigns within the community for BSCTA endorsed Board of Education candidates.
 
4. Staffing phone banks for NYSUT-endorsed candidates at the state and national levels.
 
5. Keeping the membership informed and educated at the building level, of the need for political involvement and of the BSCTA’s and NYSUT’s positions on pertinent issues.
 
F. Professional Development Committee:
1. The Professional Development Committee shall be composed of an odd number of BSCTA members appointed by the President, subject to Board approval.
 
2. The committee shall meet regularly, but at least once per month during the school year. A schedule of meeting dates shall be made available to the membership. Special meetings may, upon request of a member, be requested.
 
3. The committee shall be responsible for assisting members in the development of proposals for Professional Development. The committee shall also be responsible for reviewing all applications for Professional Development Fund Leaves under the contract. The committee shall, after reviewing applications, make recommendations to the Superintendent for his/her approval and/or recommendations to the Board of Education.
 
4. The chairperson shall keep accurate records of the actions taken on all applications and a record of those expenses charged to the Professional Development Fund.
 
5. The committee shall, from time to time, keep the membership informed of any changes in its procedures that may occur and remind the membership of current procedures and meeting dates.
 
G. OSHA Committee:
1. The OSHA Committee shall be composed of a chairperson and at least one representative from each building appointed by the President, subject to Board approval.
 
2. The committee shall meet regularly, but at least once a month during the school year. A schedule of meeting dates shall be made available to the membership. Special meetings may, on request of a member, be called.
 
3. The committee shall be responsible for distributing to the membership all material pertinent to the health and safety of the workplace as regards teachers and students. The committee shall also keep logs and records of any violations of laws regarding health and safety in the workplace, along with employer responses and actions, which may be taken. These logs and records shall include the results of any testing which may be performed to determine the health and safety of the workplace. The committee shall receive in-service training regarding the laws governing health and safety and the rights of employees and their unions regarding the health and safety of the workplace.
 
4. Committee members shall inform their respective building membership of any conditions within the district that may impact on the health and safety of their individual buildings. members shall educate their building membership regarding their rights under Health and Safety Laws along with the procedure to follow whenever members feel that an unsafe or unhealthy situation exists in the workplace.
 
5. The Chairperson shall keep accurate records of all meetings and incidents investigated by the committee. He/She shall inform the President and chairperson of the Ethics/Legal Affairs Committee of any possible violations of member health and safety.
 
Section 7. Special Committees:
Subject to Board approval, the President shall appoint and prescribe the duties of such special committees as seen from time to time necessary to carry out the work of the Association.  All special committees shall keep written records of their meetings, and said records shall be submitted to the recording secretary at the conclusion of their assignment unless otherwise directed by the Board.
 
Section 8. Committee Quorum: A majority of members of a committee constitutes a quorum.
 
Section 9. All standing committee chairpersons shall serve in the respective assignments concurrent with the term of the President except the negotiations chairperson who shall serve in accordance with the provisions set forth in Article Twelve, Section Six, Sub-Section B-6.  The President may terminate the services of any chairperson for just cause with the approval of the Board.
 
ARTICLE THIRTEEN
NOMINATION OF OFFICERS
 
Section 1. Eligibility:
1. Only an active member of the Association shall be eligible to vote, hold office and be re-elected.
2. No member shall hold more than one elected office at a time unless appointed by the President and confirmed by the Board to fill a vacancy.  This shall not include elected delegates to affiliated organizations.
3. The qualifications for elected office shall be the following:
a. The individual shall currently be a member in good standing.
b. The individual shall have been a member in good standing for at least two (2) years immediately preceding the year in which he/she is seeking office.
c. The individual shall submit a petition to the chairperson of the Elections Committee as set forth in Article Thirteen, Section two.
 
Section 2. Nomination of Officers:
1. The Elections Committee shall examine the qualifications of all members who wish to be candidates for office.  The Committee shall prepare a ballot by listing, in alphabetical order, the names of those qualified members submitting petitions.  The Committee shall not accept petitions after the regular school day in March, and the list of approved candidates shall be distributed to the membership in the first week in April during which school is in session.
2. The petition for elected office shall contain the name of the candidate, the office sought, and the signatures of at least twenty percent (20%) of the active membership.  The petition shall be submitted to the chairperson of the Elections Committee not later than the last regular school day in March.
 
ARTICLE FOURTEEN
ELECTION PROCEDURES
 
Section 1. The general election of the President, 1st Vice-President, 2nd Vice-President and secretary treasurer shall take place on the first regular school day in May.  The installation of officers and the commencement of their terms shall take place at the general meeting in May.
 
Section 2. The general election of teacher representatives shall take place on the first regular school day of the last week in May.  The teacher representatives shall commence their terms of office on the first day of June following their election.
 
Section 3. All balloting shall be conducted in a manner guaranteeing the secrecy of the ballots.  The following procedures shall be followed:
 
1. Election shall not take place in any administrative office of the school district.
 
2. Balloting shall take place at a convenient time and location within the District as determined by the teacher representatives from each building.  Ballots shall be delivered to the BSCTA office at the close of the school day.
 
3. Ballots shall be counted and tabulated immediately following the close of elections in full view of all interested members.  Election results shall be announced immediately by the secretary.
 
Section 4. Election to each position shall be by a majority of votes cast.  If no majority is obtained to any candidate on the last balloting, the candidate receiving the least number of votes shall be eliminated from the second balloting.
 
Section 5. Announcement of Election Results:
1. Should there be but one candidate for each position, the President shall declare the candidate elected at the general meeting in May.  Un the event of a contested election, the President shall receive from the Secretary/Treasurer the official count of the ballots cast, and declare the candidates elected at the general meeting in May.  The Secretary/Treasurer shall announce the names of the winning candidates in an official BSCTA bulletin.
 
2. In all cases where a contested election occurs, the balloting shall proceed as follows:  the member shall mark the official ballot and shall cast it at his/her designated polling place.
 
Section 6. Disputed Elections:
All controversial matters regarding elections shall be submitted to a special committee appointed by the President and approved by the Board.  No officer, Board member, member of the Elections Committee or candidate shall be a member of this committee.  The decision of the committee shall be final.
 
ARTICLE FIFTEEN
REMOVAL FROM OFFICE, FILLING VACANCIES
 
Section 1. Filing of Charges: 
1. The President, 1st Vice-President, 2nd Vice-President, Secretary/Treasurer, teacher representatives may be censured, fined his/her honorarium, if any, removed from office for official misconduct consisting of malfeasance, * misfeasance, ** or nonfeasance*** in office.  All charges shall be in writing and filed with the chairperson of Ethics and Legal Affairs.  No charges under this section shall be brought more than three years after the occurrence of the alleged misconduct, except when the charge of misconduct constitutes a crime when committed.
 
*Malfeasance: The doing of an act which a person ought not do at all.
**Misfeasance: The improper doing of an act which a person might lawfully do.
***Nonfeasance: The omission of an act which a person ought to do.
 
2. Disposition of Charges:
Upon receipt of the charges, the chairperson of Ethics and Legal Affairs shall immediately notify the accused and convene the three (3) member panel from the general membership who are not members of the Board to screen the charges of misconduct.  Within five (5) days after receipt of the charges, the said three member screening panel, in executive session, shall determine by a vote of a majority of all the members of such panel, whether probable cause exists.  If such determination is affirmative, w written statement specifying the charges in detail, and outlining his/her rights under this section shall be immediately forwarded to the accused by registered mail at his/her last known address.  Within ten (10) days of receipt of the statement of charges, the accused shall notify the chairperson of Ethics and Legal Affairs whether he/she desires a hearing on the charges.  The failure of the accused to notify the chairperson of Ethics and Legal Affairs of his/her desire for a hearing within ten (10) days of receipt of the charges shall be deemed a waiver of the right to a hearing.  Unless the accused has waived his/her right to a hearing within the allotted time the chairperson of the Ethics and Legal Affairs shall, not later than said ten (10) day period, notify the Board of the need for a hearing.  At said hearing, the accused shall have the right to offer witnesses on his/her behalf and cross-examine any individuals testifying against him/her.  If the accused waives his/her right to a hearing, the Board shall proceed within fifteen (15) days, by a majority vote of all the members of such Board, to determine the case and fix the penalty or punishment in accordance with this section.  Immediately following Board determination of the case, it shall schedule a special general membership meeting to present its findings and recommendations.
 
3. Disposition of Board Findings:
After five (5) days prior notice, the Board shall present its findings and recommendations to the general membership at a special general membership meeting.  After said presentation, said membership shall be entitled to time for deliberation of debate.  The membership shall then vote by secret ballot upon whether to confirm Board determination of the case.  Said confirmation requires a two-thirds (2/3) majority vote of the membership present.
 
The accused shall have the opportunity of resigning from office at any time prior to a hearing before the Board.  In such event, the charges shall be deemed withdrawn and no hearing takes place.
 
C. Public Relations and Communications Committee:
4. The office of President, 1st Vice-President, 2nd Vice-President, Secretary/Treasurer, teacher representative, immediate past President shall be vacant if said office holder fails to attend four (4) meetings at which he/she is due.  However, any absence may be excused and not charged against the individual if the absence was the result of an emergency.
 
ARTICLE SIXTEEN
MEETINGS
 
Section 1. The President shall call regular meetings of the Board unless otherwise directed by the Board.
 
Section 2. General membership meetings shall be held at least one (1) time a year, to be held in May, at a time and place designated by the Board.
 
Section 3. The general membership meeting in May shall be known as the annual meeting and shall be for the purpose of receiving reports of officers and committees, installation of officers and any other business that may arise.
 
Section 4. Special meetings of the Board may be called by the President, and shall be called upon written request of twenty-five percent (25%) of the members of the members of the Board.  The notice of all special meetings shall state the reason(s) for which the meeting has been called.  After the business of the special meeting has been disposed of, no new business shall be presented to the Board for action.
 
Section 5. Special general membership meetings shall be called within five (5) regular school days upon written request of ten percent (10%) of the active members.  All active members shall be notified before said meetings take place.
 
Section 6. The order of business at any regular meeting shall be:
 
a. Call to Order
b. Reading of the minutes of the previous meeting
c. Reports of the officers
d. Reports of the committees
e. Old business
f. New business
g. The program (if any)
h. Adjournment
 
Section 7. The order of business for any special meeting shall be:
a. Call to Order
b. Purpose of the meeting shall be stated by the President
c. Reading of the minutes of the previous meeting
d. Discussion and voting on special business
e.  Adjournment
 
Section 8. Meeting, Time, Place, and Quorum:
a. All meetings shall be held in localities designated by the Board.
 
b. Meetings shall be called at a time designated by the Board and shall be called on days when school is in session in the Union Free School District #1, Town of Islip.
 
c. General membership meetings shall not be held between July 1 and Labor Day, or on legal holidays.  Any exceptions shall be made pursuant to a two-thirds (2/3) vote of the Board.
 
ARTICLE SEVENTEEN
PARLIAMENTARY AUTHORITY
 
Robert’s Rules of Order, Revised, shall be the authority of questions of procedure not set forth in this document.
 
ARTICLE EIGHTEEN
QUORUM
 
A quorum of the Board shall be a majority of its members.  A quorum of the general membership shall be forty percent (40%) of the active members.
 
ARTICLE NINETEEN
JOURNAL
 
There shall be an official journal of the Association and it shall be published once a month during the school year.