CONSTITUTION AND BYLAWS OF THE YOUNGSTOWN STATE UNIVERSITY ASSOCIATION OF PROFESSIONAL AND ADMINISTRATIVE STAFF
Revised: April 2012
Table of Contents
Article 1. Rules of Order and Quorum
SECTION 1. Rules of Order
SECTION 2. Quorum
Article 2. Name, Affiliation and Purpose
SECTION 1. Name
SECTION 2. Affiliation
SECTION 3. Purpose
Article 3. Association Membership
SECTION 1. Eligibility of Membership
SECTION 2. Classes of Membership
SECTION 3. Affiliated Memberships
SECTION 4. Rights and Choice of Membership
SECTION 5. Timeframe
Article 4. Officers
SECTION 1. Positions and Terms
SECTION 2. Vacancies
SECTION 3. Exclusivity of Officership
Article 5. Executive Committee
SECTION 1. Definition
SECTION 2. Elections
SECTION 3. Vacancies
Article 6. Elections
SECTION 1. Timeframe
SECTION 2. Process
SECTION 3. Vote
Article 7. Recall of Officers and Executive Committee
SECTION 1. Recall Process
SECTION 2. Filling the vacancy
SECTION 3. Election Committee Recusal
Article 8. Duties of Officers
SECTION 1. President
SECTION 2. Vice-President
SECTION 3. Treasurer
SECTION 4. Secretary
SECTION 5. Succession
Article 9. Duties of the Executive Committee
SECTION 1. Duties
SECTION 2. Meetings
SECTION 3. Grievance Approval
SECTION 4. Supervision of Standing and Ad Hoc Committees
SECTION 5. Review of Membership
SECTION 6. Closed Meetings
SECTION 7. Compliance
SECTION 8. Building Representatives
SECTION 9. HEAC and OEA/NEOEA Representatives
SECTION 10. Membership Coordinator
SECTION 11. Publicity Coordinator
SECTION 12. Grants Coordinator
Article 10. Committees
SECTION 1. Standing Committees
SECTION 2. Ad Hoc Committees
SECTION 3. Audit (Financial) Committee
SECTION 4. Elections Committee
SECTION 5. Negotiations Committee/Team
SECTION 6. Grievance Committee
Article 11. Meetings
SECTION 1. General membership Meetings
SECTION 2. Special Meetings
SECTION 3. Order of Business
Article 12. Dues and Dissolution
SECTION 1. Dues
SECTION 2. Dissolution
Article 13. Expenses
SECTION 1. Reimbursement
SECTION 2. Receipts
Article 14. Amendments
SECTION 1. Review
SECTION 2. Presentation and Voting
ARTICLE 1
RULES OF ORDER AND QUORUM
SECTION 1. Rules of Order
Robert’s Rules of Order (Newly Revised) will be the authority on all questions of procedure not specifically covered in this Constitution and Bylaws.
SECTION 2. Quorum
For the transaction of business at all general membership meetings, which includes general meetings called for a special purpose, a quorum will consist of at least 20 percent of the dues-paying members or 35 dues-paying members, whichever is greater, and the President or Vice-President and one other officer. A simple majority of the quorum is required to approve business at a general meeting.
ARTICLE 2
NAME, AFFILIATION AND PURPOSE
SECTION 1. NAME
The name of this organization will be the Youngstown State University Association of Professional Administrative Staff, hereafter known as YSU-APAS or the Chapter.
SECTION 2. AFFILIATION
YSU-APAS will be an affiliate of the National Education Association (NEA), the Ohio Education Association (OEA), and the Northeast Ohio Education Association (NEOEA).
SECTION 3. PURPOSE
The purpose of the YSU-APAS will be to promote the professional and economic interests of the professional administrative staff of Youngstown State University.
YSU-APAS members will recognize and incorporate the OEA Code of Ethics in their practice and commitment to students and their profession.
ARTICLE 3
ASSOCIATION MEMBERSHIP
SECTION 1. ELIGIBILITY OF MEMBERSHIP
Membership will be available to any eligible professional administrative staff member of YSU except those excluded by law.
SECTION 2. CLASSES OF MEMBERSHIP
There will be three classes of dues-paying members: full dues-paying, part-time dues-paying and fair share fees-paying.
SECTION 3. AFFILIATED MEMBERSHIPS
Members of YSU-APAS will also be members of the NEA, the OEA, and the NEOEA and will abide by the OEA Code of Ethics of the Education profession.
SECTION 4. RIGHTS AND CHOICE OF MEMBERSHIP
Full and part-time dues-paying members are entitled to all of the privileges of membership including the right to vote, to hold office and to serve on the committees of the Chapter.
All members may attend Executive Committee meetings except when the Executive Committee adjourns to executive session.
By choice, fair share members pay fees to the Chapter but do not actively participate in the Chapter‘s governance or by holding any office. Any member of this class may revoke his/her status in writing to the membership coordinator at any time and become a full dues-paying member.
SECTION 5. TIMEFRAME
The Membership Year of the Chapter will be July 1 through June 30. The Fiscal Year of the Chapter will be September 1 through August 31.
ARTICLE 4
OFFICERS
SECTION 1. ELECTIONS
The officers of the Chapter will be elected by the membership and will consist of a President, Vice-President, Treasurer, and Secretary. No person will hold the same elected office for more than two consecutive three-year terms, but may hold the office again after a three-year break.
SECTION 2. VACANCIES
Whenever the office of the President becomes vacant midterm due to death, incapacity, termination, resignation, retirement or recall, the Vice-President will automatically assume the presidency for the remaining part of the current term. This change in position for the Vice-President will not be calculated in the two-term limit.
A midterm vacancy in the office of the Vice-President, Treasurer or Secretary will be filled by a majority vote of the Executive Committee in secret ballot. The replacement will serve for the remainder of the current term.
In the event a vacancy occurs in the offices of both the President and Vice-President, the vacancies will be filled by an emergency election of the general membership to be held according to the by-laws within fifteen days after the vacancies occur. During that time the Executive Committee will administer the Chapter.
SECTION 3. EXCLUSIVITY OF OFFICERSHIP
Officers may only hold one position at a time on the Executive Committee.
ARTICLE 5
EXECUTIVE COMMITTEE
SECTION 1. DEFINITION
The Executive Committee will consist of the officers of the Chapter and the elected Building Representatives including the Grievance Chair, two elected OEA/NEOEA and one alternate, two HEAC representatives and one alternate and the following appointed positions: Membership Coordinator, Publicity Coordinator and Grants Coordinator.
A parliamentarian may be appointed to advise the Executive Committee but will not have voting privileges.
Members who serve on standing committees may be asked to attend Executive Committee meetings but are not recognized as members of the Executive Committee nor do they have voting privileges at those meetings.
SECTION 2. ELECTIONS
There will be one elected Building Representative for each 30 members or fraction thereof. Every effort will be made to include one elected part-time member and an appropriate ethnic minority representation unless none of these members will consent to run for office. Building Representatives and the OEA/NEOEA and HEAC representatives and the Elections Committee will be elected by the general membership.
SECTION 3. VACANCIES
By reason of absence without reasonable cause and notice from three consecutive meetings of the Executive Committee, or resignation, a member of the Executive Committee will no longer be considered as holding that office to which he or she has been elected or appointed; the member will be notified in writing by the Executive Committee of his/her removal.
Except for the presidency a vacancy on the Executive Committee due to death, incapacity, termination, resignation, retirement or recall will be filled with an appointment by the Executive Committee. The replacement will serve for the completion of the current term.
Except for the presidency a vacancy on the Executive Committee due to temporary leave will be filled with an appointment by the Executive Committee and the appointee will serve until said member returns or resigns.
ARTICLE 6
ELECTIONS
SECTION 1. TIMEFRAME
The Elections Committee will conduct the election of officers and the rest of the Executive Committee in accordance with the guidelines set forth in the OEA Elections Manual at a general membership meeting held before May 1. The new officers will assume office on September 1. The newly-elected (incoming) Executive Committee may attend meetings with the current (outgoing) Executive Committee for purposes of continuity but will not have a vote.
SECTION 2. PROCESS
Nominations for the various offices will be submitted by email or written format in a designated timeframe to any of the Election Committee. Candidates will confirm or deny their intention to run for office by email or written format, and those members who nominated candidates will be notified by email of the candidate’s decision to run or not. The candidates’ names will appear on a printed ballot. Write-in candidates must announce their candidacy in an email to the entire membership at least one week prior to the election meeting; their names will not be printed on the ballot. Election results will be published on the YSU/APAS website and in an email to the general membership. The Elections Committee will preserve all emails and ballots (marked, unmarked and void) and all other records pertaining to the elections of this Chapter for one year from the date the election was held, and such ballots and other records will be made available to the OEA offices and any members of the YSU-APAS upon request for inspection and examination.
SECTION 3. VOTE
The Chapter applies the one member, one vote principle in all elections.
ARTICLE 7
RECALL OF OFFICERS AND EXECUTIVE COMMITTEE MEMBERS
SECTION 1. RECALL PROCESS
Any officer(s) may be recalled for misfeasance, malfeasance, nonfeasance or no-confidence. Charges to this effect may be made by a majority of the members of the Executive Committee or by virtue of a petition signed by at least twenty-five (25) chapter members. If the officer(s) is (are) not in attendance at the Executive Committee meeting, the officer(s) will be formally notified within 48 hours of the charges. Within five working days of being presented the charges, the Executive Committee will convene a review panel consisting of five members drawn at random by the Election Committee from the dues-paying membership. The Review Panel will meet within five working days to review the claims and will report to the Executive Committee no later than two weeks from the first meeting of the Review Panel. Within a timeframe not to exceed two weeks after the Review Panel reports to the Executive Committee, the Executive Committee will call a general membership meeting for the purposes of voting on the retention or dismissal of the officer(s) in question. A quorum MUST be present in order for a vote to be taken. If a quorum is not present after two attempts at holding a special meeting, the question will be tabled until the next general meeting when a quorum must be present for business to be transacted. At the meeting, the officer(s) being considered for dismissal will be given the opportunity to speak in his/her (their) defense. A two-thirds majority of those voting in a secret ballot at the meeting will be required to dismiss an officer(s).
SECTION 2. FILLING THE VACANCY
A vacancy in the office of the President will be filled by the Vice-President. A vacancy in other offices will be filled by appointment of the Executive Committee, except in the case where both the President and Vice-President are recalled. In such an instance an election supervised by the Elections Committee will be held within fifteen (15) days to fill the vacancies for the unexpired terms. The Executive Committee will administer the Chapter until the vacancies are filled. In the event the entire Executive Committee is recalled, the chairperson of the Negotiations Committee/Team will act as President until the vacancies are filled by an election.
SECTION 3. ELECTIONS COMMITTEE
If a member of the Elections Committee must be recused from participating in a recall of an officer or Executive Committee member due to conflict of interest, the Executive Committee will appoint a replacement for the purpose of this election only.
ARTICLE 8
DUTIES OF OFFICERS
SECTION 1. PRESIDENT
The President will preside at all meetings of the Chapter and of the Executive Committee and will construct an agenda for said meeting; will appoint the chairperson of all Ad Hoc committees, unless otherwise indicated in these Bylaws, subject to the approval of the Executive Committee; will be a member (but not the chair) of the negotiating team; will be one of the chapter delegates to the OEA and NEOEA Representative Assembly, will be a member of HEAC; and will be the chief spokesperson of the Chapter.
As spokesperson and chief officer for the Chapter, the President will follow the directives as set down by the Executive Committee in all matters.
SECTION 2. VICE-PRESIDENT
The Vice-President will assist the President in the performance of his/her duties; will assume all the duties of the President in case of absence, resignation, or recall.
SECTION 3. TREASURER
The Treasurer will keep a financial record of the Chapter; will be responsible for collection of revenue and disbursement of funds as authorized by the Executive Committee; will submit biannual financial reports to the membership; will prepare the annual budget in May for consideration by the Executive Committee; will work closely with the Membership Coordinator.
The Treasurer will be bonded by the Chapter.
SECTION 4. SECRETARY
The Secretary will serve as official recorder of all meetings of the Chapter and of the Executive Committee and will maintain a permanent record of such; will distribute to the membership an agenda and minutes of all Chapter meetings; and will serve as Chapter Historian.
SECTION 5. SUCCESSION
Upon leaving office the Officers will turn over current and active Chapter records to their successors and all other Chapter records to the incoming Secretary.
ARTICLE 9
DUTIES OF THE EXECUTIVE COMMITTEE
SECTION 1. Duties
Upon the Executive Committee will rest the duties, responsibilities, and authority for all business and all matters of the Chapter except as stated otherwise in this Constitution and Bylaws. Upon leaving office the Executive Committee will turn over current and active Chapter records to their successors and all other Chapter records to the incoming Secretary.
SECTION 2. Meetings
The Executive Committee will establish a regular schedule of meetings. Special meetings of the Executive Committee may be called by the President or by a request of a majority of the members of the Executive Committee.
SECTION 3. Grievance Approval
The approval of the Executive Committee will be required before a grievance is advanced to arbitration.
SECTION 4. Supervision of Standing and Ad Hoc Committees
The Executive Committee will oversee and coordinate the activities of all standing and Ad Hoc committees, and all such committees will be responsible to and report to the Executive Committee. The Executive Committee will supervise, coordinate and certify the election of the Elections Committee.
SECTION 5. Review of Membership
The Executive Committee will periodically review the membership lists to assure that all persons listed are eligible for membership.
SECTION 6. Closed Meetings
The Executive Committee may conduct closed meetings to deal with contract negotiation, legal matters and any other business which requires confidentiality to protect the rights and interests of YSU/APAS/OEA/NEA and of its members.
SECTION 7. Compliance
All officers of the Chapter and Executive Committee Members are charged to comply with the consensus of the Executive Committee in all matters when making public presentations or in meetings with the University Administration, private or public. Failure to do so may result in a vote of no confidence from the Executive Committee.
SECTION 8. Building representatives
The Building Representatives will report recommended policies and other actions of the Executive Committee to the membership; and will transmit proposals and recommendations from the membership to the Executive Committee for its consideration. At least (5) Building Representatives will also serve as Grievance Officers for the duration of their term.
SECTION 9. HEAC and NEOEA/OEA Representatives
The HEAC and NEOEA/OEA Representatives will serve as legislative watch dogs for purpose of federal and state legislation and collective bargaining issues; and will disseminate election-related material for local state & federal elections to the YSU-APAS general membership.
SECTION 10. Membership Coordinator
The Membership Coordinator will work closely with the Treasurer taking charge of membership maintenance and expansion; will coordinate membership services.
SECTION 11. Publicity Coordinator
The Publicity Coordinator will oversee the creation of the Chapter newsletter and website.
SECTION 12. Grants Coordinator
The Grants Coordinator will pursue grants that will help benefit YSU-APAS not only monetarily but also in its attempts to raise its public profile.
ARTICLE 10
COMMITTEES
SECTION 1. STANDING COMMITTEES
The following will be standing committees of the Chapter: Audit (Financial), Elections and Negotiations. All standing committees will establish their own rules of procedure which will be consistent with this Constitution and Bylaws and which will be placed on record with the Executive Committee and the local OEA Uniserv office. Members will also serve on University committees as appointed or on a volunteer basis as required.
SECTION 2. AD HOC COMMITTEES
Other committees may be established by the Executive Committee as the need arises or may be established by the general membership at any meeting of the Chapter. Ad Hoc committees will take their direction from the Executive Committee and will be dissolved when the need has been met.
SECTION 3. AUDIT (Financial) COMMITTEE
The Executive Committee will annually appoint an Audit Committee which will consist of three individuals from the general membership. The Audit Committee will annually review the accounting records and budgetary procedures of the Chapter and will report its findings to the Executive Committee. This report will be available to the membership and to the NEOEA/OEA upon request.
SECTION 4. ELECTIONS COMMITTEE
The Elections Committee will consist of three individuals elected by the membership by May 15 during an election year. The term of office will be three years beginning on September 1. The Elections Committee will supervise, coordinate, and certify all Chapter elections to the Executive Committee and to the membership. The Elections Committee will elect its own chairperson and appoint tellers from the membership as is necessary to conduct elections quickly and efficiently. Members of the Elections Committee who choose to run for consecutive terms must recuse themselves from certifying the elections prior to the new election process. If a member of the Elections Committee must be recused due to conflict of interest, the Executive Committee will appoint a replacement for the counting of ballots and certification of the election.
SECTION 5. NEGOTIATIONS COMMITTEE/TEAM
The Negotiations Committee/Team will consist of one member for every twenty-five full dues-paying members and any additional fraction thereof. Up to two alternates may also be included. All members/alternates will be elected by the membership in April of the academic year preceding negotiations. The Chapter President is a member of the Negotiating Committee/Team by virtue of office and is not to be considered in the ratio of membership to committee members. The term of office for the elected members will extend for the length of the contract they negotiate regardless of a new negotiation team being elected to negotiate a subsequent contract. The Negotiations Committee /Team and the alternates will represent the Chapter both in negotiations of the Master Agreement and follow-up negotiations which flow out of the Master Agreement.
The Negotiations Committee/Team will represent the Chapter in negotiations with the Board of Trustees and its agents. The Committee/Team will be empowered to prepare proposals for negotiations and to revise those proposals as it deems proper during negotiations. The Negotiations Committee/Team will submit the proposed Master Agreement to the dues-paying members of the Chapter for a ratification vote. The Negotiations Committee/Team will elect its own chairperson.
SECTION 6. GRIEVANCE COMMITTEE
The Grievance Committee will consist of at least five (5) members made up of the Building Representatives. The members of the Grievance Committee will be referred to as Grievance Officers. The term of office will be three (3) years. The Grievance Committee will administer and coordinate processing of grievances under the terms of the Master Agreement. Grievance Officers will counsel Chapter members prior to filing a grievance. The Grievance Committee will elect a Chief Grievance Officer from among their members who will serve as chairperson. In the event of a vacancy in the Grievance Committee, the remaining members will recommend to the Executive Committee a replacement to serve the unexpired term.
ARTICLE 11
MEETINGS
SECTION 1. The Chapter will conduct general membership meetings at least once during the fall and once during the spring academic terms. The Executive Committee will set the meeting dates and plan the meeting programs.
SECTION 2. Special meetings of the Chapter may be called by the Executive Committee, or upon the request of ten percent of the general membership.
SECTION 3. The order of business at a general membership meeting will be as follows, unless changed by a vote of the membership present at the meeting:
- a. Secretary’s Report
b. Treasurer’s Report
c. Committee Reports
d. Special Reports
e. Old Business
f. New Business
ARTICLE 12
DUES AND DISSOLUTION
SECTION 1. Dues
The Chapter will charge dues to adequately fund a quality program as required for support staff by its affiliates (NEA/OEA/NEOEA), full UniServ dues and the Chapter’s local dues; and will be established annually by the Executive Committee.
SECTION 2. Dissolution
If the Chapter dissolves, its cash assets will be transferred to Youngstown State University for student scholarships.
ARTICLE 13
EXPENSES
SECTION 1. REIMBURSEMENT
Individuals who are on official Chapter business and who incur financial expenses in such business will be reimbursed by the Treasurer for the actual expenses and for automobile travel at a rate set by the Executive Committee. If pre-approved, the reimbursement will be at 100%. If not pre-approved, the Executive Committee will determine the percentage of reimbursement.
SECTION 2. RECEIPTS
The Treasurer will require receipts and other appropriate evidence to assure that such expenses are reasonable.
ARTICLE 14
AMENDMENTS
SECTION 1. Review Schedule
This Constitutions and Bylaws will be reviewed by an Ad Hoc committee for additions and corrections every five (5) years unless more frequent review is warranted; will be sent to the OEA Membership/Affiliation Subcommittee for review every five (5) years.
SECTION 2. Presentation and Voting
An amendment to these constitution/bylaws may be introduced by any member to the Executive Committee at least one month prior to any regular general meeting of the Chapter. The Executive Committee will forward the proposal to the membership at least 10 days before the general meeting. After presentation and discussion at the general meeting, a non-ballot show of hands vote will be taken. A two-thirds (2/3) majority of the voting quorum present will be required to adopt the proposed amendment.
If an amendment is proposed more than three months prior to a general meeting, the Executive Committee will call a special general meeting within one month of the submission to act on the proposal.