This online version of the MOU has some formatting problems which will be corrected as soon as possible. A link to another version is available below.
This online version of the MOU has some formatting problems which will be corrected as soon as possible. A link to another version is available below.
KNOX COUNTY EDUCATION ASSOCIATION
ARTICLE I — MEETINGS
SECTION 1. Executive Board
The Executive Board shall meet monthly throughout the year at the KCEA office; exception shall be made at the discretion of the Executive Board. The President or one-half of the board members may issue a call for the board to meet to deal with special or unique situations. A calendar of meeting dates will be published in the first Association newsletter each year and posted on the association website.
SECTION 2. Representative Assembly
The Representative Assembly shall meet monthly. The President with the help of the Executive Board shall prepare the proposed agenda for each meeting and shall circulate it to all members of the Assembly. A calendar of meeting dates will be published in the first Association newsletter each year and posted on the Association website.
SECTION 3. General Membership:
A. General membership meetings shall be held at the call of the Executive Board or the Representative Assembly.
B. Written notice of the time and place of a general membership meeting shall be provided to the Association Representatives at least five days prior to the meeting.
C. If a quorum is present at any general membership meeting, the decisions of the body shall have the authority, force and effect, as does a decision made by the Representative Assembly. In the absence of a quorum, any votes taken shall be presented by the President to the Representative Assembly as recommendations.
SECTION 4. Special Meetings
Special meetings of the Representative Assembly may be held at the call of the President, or by the majority of the members of the Executive Board, or upon written request of the Executive Board from ten percent of the Association Representatives. Business to come before special meetings must be stated in the call, which shall be sent in writing or mass communication to each representative.
ARTICLE II — QUORUM
A quorum shall be thirty-five (35) building representatives for the Representative Assembly. The Executive Board and committees shall have one-half (1/2) plus one (1) as their quorum. When possible, Robert Rules of Order will be followed when declaring a quorum for the Representative Assembly, general membership meetings, Executive Board, and committees.
ARTICLE III—POWERS AND DUTIES OF OFFICERS
SECTION 1. President
The President shall:
A. Preside over meetings of the Association, the Representative Assembly, the Executive Board, and the President’s Council;
B. Prepare proposed agendas with the help of the Executive Board.
C. With the approval of the Executive Board appoint and /or remove the chairperson of standing committees and special ad hoc committees;
D. Be an ex officio member of all standing committees;
E. Be chief executive officer of the Association, except when some duties may be delegated;
F. Represent the Association to the public either personally or through delegates;
G. With the approval of the Executive Board appoint a qualified parliamentarian;
H. Supervise the maintenance of proper minutes, correspondence, and other necessary files;
I. Cause the Elections Committee to conduct a referendum, if demanded by petitions signed by at least ten (10) percent of the current membership representing at least one-half of the schools and with not more than twenty-five names from one faculty unit being counted toward a required total; in a referendum each professional member shall be entitled to one vote;
J. Name two (2) trustees with the approval of the Executive Board of the Sick Leave Bank to serve on staggered three (3) year terms. The trustees may succeed themselves;
K. Perform all functions usually attributed to this office.
SECTION 2. Vice President
The Vice President shall:
A. Perform all duties usually attributed to this office;
B. Assume the office of the President should it become vacant;
C. Work closely with one or more standing committees as the President may suggest and shall be an ex-officio member of all committees.
SECTION 3. Secretary
The secretary shall keep accurate minutes of all meetings of the Executive Board, Representative Assembly, and general membership meetings. Complete files of minutes shall be housed and maintained at the KCEA office.
SECTION 4. Treasurer:
The Treasurer shall:
A. Hold the funds of the Association and disburse them upon authorization by the Executive Board;
B. Transmit amounts due within established transmittal schedules from the Knox County Education Association to the Tennessee Education Association and the National Education Association;
C. Oversee bookkeeping and maintenance of the financial records and accounts of the Association;
D. Keep accurate accounts of receipts and disbursements and house all records at the KCEA office;
E. Report to each meeting of the Executive Board and the Representative Assembly;
F. Prepare and annual financial statement for publication to members as directed by the Executive Board;
G. Keep the President and the Executive Board informed of the financial condition of the Association;
H. Serve on the Budget Committee;
I. Serve as the Treasurer of KCPACE;
J. The treasurer shall be bonded by the Association.
SECTION 5. The Immediate Past-President
The Immediate Past-President shall advise the Executive Board and assist the President at the latter’s request.
SECTION 6. Parliamentarian: (ex officio, non-voting)
The Parliamentarian shall:
A. Attend all meetings of the Executive Board, Representative Assembly, and general membership;
B. Advise the President of parliamentary procedure and rule on all matters of a parliamentary nature;
C. Bring copies of this Constitution and Bylaws, Executive Board Policies, and Robert’s Rules of Order (the latest edition) to all meetings.
ARTICLE IV—POWERS AND DUTIES OF THE EXECUTIVE BOARD
The Executive Board shall:
A. Be responsible for the management of the Association;
B. Approve all expenditures;
C. Implement policies established by the Representative Assembly;
D. Act as emergency power in the management of the affairs of the Association in the interim between regular meetings of the Representative Assembly;
E. Approve appointments of committee chairs;
F. Help the President prepare the proposed agenda for each Representative Assembly meeting;
G. Report its transactions and those of the Assembly to the members;
H. Supervise, oversee, and coordinate the work of all committees and subcommittees;
I. Provide for ethnic minority representation on all committees over which it has direct control;
J. Suggest policies for consideration by the Representative Assembly;
K. The Board shall act as a presidential advising board;
L. Be responsible for the orderly, efficient, and uniform enforcement of the negotiated contract for the bargaining unit;
M. Ensure that the proposed budget includes sufficient funds to be available for the processing of grievances;
N. Be responsible for the grievance processing function and shall direct grievance processing personnel in the exercise of this function;
O. Be available to investigate grievances and to represent any member of the bargaining unit without invidious discrimination at the pre-arbitration steps of the grievance procedures;
P. Be available to hear the case of any member whose grievances are subject to a negative recommendation by the grievance committee;
Q. Upon recommendation by the grievance committee or after appeal by the grievant, make appeals to the arbitration step of the grievance process;
R. Recommend members of the Board of Trustees of the Galloway Fund for Teacher Defense for election by the Representative Assembly.
ARTICLE V—POWERS AND DUTIES OF THE REPRESENTATIVE ASSEMBLY
The Representative Assembly shall:
A. Approve the budget;
B. Act on recommendations from committees;
C. Approve resolutions;
D. Adopt procedures for implementing the TEA Code of Ethics and those to be followed in censuring, suspending and expelling members for cause or for reinstating members;
E. Adopt such rules for employing staff, the conduct of the Association, and the conduct of meetings as are consistent with the Constitution and Bylaws;
F. By a 2/3 majority vote propose Constitutional amendments to the Constitution and Bylaws Committee;
G. By a majority vote propose amendments to the Bylaws of the Constitution and Bylaws Committee;
H. Be the final judge of the qualifications and election of officers and Association Representatives;
I. Act on the recommendation of the Executive Board to elect members of the Board of Trustees and the Galloway Fund for Teacher Defense.
J. Elect a sole candidate for a particular office by acclamation.
ARTICLE VI—ASSOCIATION REPRESENTATIVES
In each building in the Knox County School System, members in good standing of the Association shall elect through open nominations and secret ballot Association Representatives and alternates to the Representative Assembly based on the following membership totals:
1-25 members 1AR 1 alternate
26-50 members 2ARs 2 alternates
51-75 members 3ARs 3 alternates
76-100 members 4ARs 4 alternates
101-or more members 5ARs 5 alternates
If at any time during the ensuring year, the Association membership in any faculty changes so as to qualify the school for additional representatives or fewer representatives, the school should adjust accordingly and notify the Executive Board of such changes. There shall be at least one representative from each faculty.
For purposes of representation, each school shall be considered a faculty. The central administrative personnel shall be considered a faculty.
Other system-wide organized groups with a minimum of ten active members may petition the Executive Board to be considered a faculty. All active members not attached to any specific faculty shall select a faculty for the purposes of representation. Any questions concerning assignment of members to faculties shall be determined finally by the Executive Board.
Any member is eligible to serve as an elected Association Representative or an alternate.
During the month of May, each school shall elect by secret ballot the number of Association Representatives and alternates to which it is entitled. Nominations for these positions shall be open. Results of the election should be returned to the KCEA office within fourteen (14) days after the election process has been observed. Representatives shall assume their duties on the same date as the newly elected officers. Should a vacancy occur in the position of representative during the year, the alternate having received the highest number of votes shall automatically assume that representative’s position and a new alternate shall be elected. Any representative or alternate shall be eligible for re-election. The total composition of the Representative Assembly shall reflect a proportional representation of ethnic minorities and administrators, as there are professional members in the Association. If this representation is not reflected after the normal election process, additional representatives shall be nominated and elected at large to fulfill this requirement. No school shall have more than one at-large representative.
Association Representatives or their alternates shall attend the regular meetings of the Representative Assembly. If an Association Representative is willfully negligent in carrying out his/her responsibilities as described in Article VI, Section 8, of these Bylaws, the member(s) of the faculty may submit a request to the president asking that the representative be replaced. The request must be in writing and contain the signatures of at least 50 percent of the active members of said faculty. Upon receipt of the request, the president shall ask that the faculty to hold an election if necessary to secure a replacement to fill out the term. The president may designate a member in good standing to organize this special election.
Each member of the Representative Assembly in attendance or his alternate shall have one vote. The president shall cast a ballot only in the case of a tie vote. Action on all matters coming before the Representative Assembly, unless otherwise provided in this Constitution and Bylaws, shall require a majority vote of all members present and voting.
By two-thirds (2/3) vote, the Representative Assembly may submit any questions to a referendum of the membership. It shall be the duty of the president to cause the Election Committee to conduct the referendum. In a referendum election, each member shall be entitled to one (1) vote.
SECTION 8. The Association Representatives shall:
A. Call faculty meetings of the Association members to discuss Association business;
B. Organize and oversee all voting, the enrollment of members into the United Education Profession, and two-way Association communication within the building.
In the event an Association Representative is a candidate for an Association office, another Association member will oversee the election.
ARTICLE VII—STANDING COMMITTEES
SECTION 1. Structure
With the exception of the Personnel Committee there shall be standing committees as specified, carrying out the specified functions outlined below. All committees shall reflect the total membership with at least proportional representation of ethnic minorities. Appointment of chairpersons shall be made by the president and approved by the Executive Board. Chairpersons of standing committees shall have maintained active membership for one (1) year before taking the chair. The Executive Board may organize special ad hoc committees and/or task forces for specific activities from the membership of the Association.
Each standing committee shall have assigned to it by the Executive Board at least one Executive Board member to serve as liaison between the committee and the Executive Board.
SECTION 2. Meetings
Each standing committee except the Professional Rights and Responsibilities shall meet regularly according to a calendar developed by the Chairperson.
SECTION 3. Reports
Each committee shall choose a secretary who shall keep a continuing record of activities. Chairpersons shall report as necessary to the Executive Board and to the Representative Assembly when directed by the Executive Board and shall prepare an annual written report summarizing committee activities, which shall become part of the continuing record in the Association file. Committee reports shall be available to the Representative Assembly and /or to the members. Each committee shall develop a program plan and shall submit that program plan with any financial requests to the President to be submitted to the Executive Board.
SECTION 4. Relation to Executive Board
The Executive Board shall:
A. Assist the newly elected President to appoint chairpersons of the standing committees and to fill vacancies that occur thereafter;
B. Plan for an organizational committee conference each year;
C. Require and assist committees to define their immediate and long range objectives;
D. Review committee plans as necessary;
E. Decide any jurisdictional arguments among committees.
SECTION 5. Relation to the State and National Association:
The standing committees shall seek to understand and relate to the objectives and programs of corresponding units of the TEA and NEA and counsel with them.
SECTION 6. Titles and Duties:
A. The Membership Committee shall:
(1) Organize, coordinate, and conduct a continuing program for unified membership enrollment;
(2) Inform members of the policies, programs, services, and accomplishments of the United Education Profession at all levels;
(3) Provide a contact in connection with dues, problems or questions concerning membership status of members;
(4) Develop and conduct programs for the orientation of new teachers to the community, the school system, and the Association;
(5) Secure local discount programs for the membership for the purchase of goods and services.
B. The Government Relations Committee shall:
(1) Have broad concern for local, state, and national legislation affecting the interests of the Association and for the exercise of civic responsibilities by members and be diligent to inform members about newly enacted legislation.
(2) Coordinate the efforts and activities of the KC-PACE and the Legislative Committee.
(3) Be made up of the Legislative Committee, chairs of the School Board and County Commission Contact Team, the Executive Council of KC-PACE, and the Fourth District T-PACE Council member (when applicable). The chairperson shall be the chair of the KC-PACE Executive Council or the Legislative Committee as chosen by the President.
(4) Be organized into and coordinate the work of the following divisions:
a. Legislative Committee:
1) Local Legislation -
(a) to seek to influence local legislation to the advantage of education;
(b) to keep aware of all aspects of the local county and/or city budgets, bonding, programs, and referenda; and
(c) to establish and to maintain liaison status with local governments.
2) State Legislation -
(a) to study pending legislation and
(b) to promote activities leading to passage of desirable state legislation for education.
3) Federal Legislation -
(a) to study legislation before the Congress and
(b) to develop and/or promote activities leading to the passage of desirable federal legislation for education.
4) Citizenship -
(a) to educate members and the public to the civic responsibilities of teachers,
(b) to promote voter registration of all teachers, and
(c) and to develop programs that will encourage wide exercise of those rights and responsibilities.
b. KC-PACE Executive Council:
Composed of, chaired by, and function in accordance with KC-PACE guidelines as determined by the KCEA Representative Assembly.
c. School Board and County Commission Contact Team shall:
1) Consist of members elected by the Association Representatives who teach in each of the school board and county commission districts.
2) Host the school board members or county commissioner(s) from that district to at least one school function per semester.
3) Contact the school board members commissioner(s) if additional information needs to be shared with them, upon direction of the President or the Government Relations chair.
4) Provide a positive link between the Association and elected leaders.
C. Committee on Professional Rights and Responsibilities shall:
(1) Explore and prepare action programs for securing satisfactory personnel policies and procedures for the redress of grievances;
(2) Advise the Executive Board in situations of censure, suspension, or expulsion of members by the Association.
(3) Be made up of members who have attained tenure status;
(4) Know, explain, interpret, and stimulate cooperative development of written local school board policies, state board policies, local school laws and legal structure, and state and federal school laws and structures;
(5) Know, explain, and defend teacher rights in such matters as tenure, contracts, and liability;
(6) Hear complaints and advise members;
(7) Defend members, the Association, and the profession against unjust or adverse criticism;
(8) Encourage democratic procedure and understanding among the local board of education, the administration, the classroom teacher, and other school personnel;
(9) Serve as liaison with the state and national Professional Rights and Responsibilities structures;
(10) Accept other duties as may be needed or assigned;
(11) Organize a subcommittee called the Grievance Committee;
a. The sole function of this committee shall be monitoring and enforcing the provisions of the negotiated contract relative to the rights of members in the provisions of the negotiated contract relative to the rights of members in the negotiating unit in accordance with policies of the Executive Board. (Operations Manual, 6000 Series).
b. It should be appointed by the President with the approval of the Executive Board with no fixed terms, and removable by the President at any time with the approval of the Executive Board.
(12) Organize subcommittees on personnel policies, ethics, and other matters deemed advisable by the Executive Board.
D. The Committee on Public Relations:
(1) Shall seek to develop public understanding of the purposes and programs of the Association, the values and importance of education, and, in cooperation with the administration, the educational philosophy and programs of the schools;
(2) Shall develop procedures by which the Association can work cooperatively with parents and the public in civic, fraternal, and social organizations, and through all available channels of communication.
(3) Shall seek to provide for effective internal and external communications programs, including PECCA activities;
(4) May organize and oversee the work of the following subcommittees:
a. American Education Week
b. School Bell Awards
c. Read Across America
d. Teacher Appreciation Day/Week
E. The Committee on Instruction and Professional Development
(1) Explore and develop action programs to raise and maintain standards for certification, employment and assignment;
(2) Improve opportunities for pre-service, continuing, and in-service professional education;
(3) Create and maintain rapport between the Association and neighboring or closely related institutions of higher education;
(4) Exercise professional concern in programs for the general membership meetings of the Association;
(5) Plan and coordinate programs for the general membership meetings of the Association;
(6) Work closely with the local negotiating committee in formulating and promoting activities relating to improved instruction and professional development;
(7) Work closely with the advisory committee.
F. The Committee on Human Relations shall:
(1) Develop positive programs and activities;
(2) Utilize the talents and abilities of the membership to promote an atmosphere of cooperative understanding of the dignity and worth of each individual;
(3) Improve human relationships for all.
G. The Committee on Minority Affairs shall:
(1) Prepare and submit for approval plans and programs which will encourage all minorities to participate in the mainstream of Association and professional affairs, which will provide training in order that minorities will be able to function efficiently in appointed and elected leadership roles, and which will assure that members of minorities are represented in all areas of Association work and at all levels of Association governance;
(2) Be responsible for providing workshops and conferences in specific areas of concern to minority members as directed by the Executive Board and the Representative Assembly.
H. The Committee on the Status of Women in Education shall:
(1) Coordinate, supervise, and evaluate training programs for women’s leadership development;
(2) Increase awareness of attitudes, stereotypes, sex biases, and the role discrimination in education;
(3) Work cooperatively with other groups such as the American Association of University Women (AAUW), Delta Kappa Gamma, and Alpha Delta Kappa in exchanging pertinent information in the interest of women.
I. The Committee on Constitution and Bylaws shall:
(1) Promote and maintain an awareness of and stress adherence to the Constitution and Bylaws;
(2) Be responsible for proposing, editing, explaining, and promoting amendments necessary to make this document more workable in the local situation;
(3) Be responsible for keeping the Constitution current with TEA and NEA Constitution changes.
J. The Personnel Committee shall:
(1) Consist of the President, Past President, Vice-President, Treasurer, and Chairperson of the Budget Committee;
(2) Be chaired by the immediate Past President;
(3) Make recommendations to the Executive Board concerning job descriptions, compensation, working conditions, and other policies and procedures affecting KCEA office personnel.
K. Mentoring Committee shall:
(1) Mentor new members through collaboration with the membership committee;
(2) Promote and provide assistance.
L. The Budget Committee shall:
(1) Prepare a proposed budget for the next membership year;
(2) Present a proposed budget to the Executive Board and to the Representative Assembly;
(3) Arrange a qualified audit within 60 days of the end of the fiscal year or within 60 days of the end of service of the treasurer.
M. The Administrator Committee shall:
(1) Shall seek to develop among administrators an understanding of the purposes and programs of the Association;
(2) Attempt to establish a working relationship between the local principal organizations and the Association;
(3) Assist the membership committee in promoting increased administrator membership in the Association.
(4) Improve opportunities for professional development among administrators;
(5) Provide the PECCA committee with information pertaining to PECCA.
The duties of the Professional Educators Collaborative Conferencing Act (PECCA) and Elections Committees are described in Articles VIII and X, respectively.
ARTICLE VIII – PROFESSIONAL EDUCATORS COLLABORATIVE CONFERENCING ACT (PECCA)
The President with the guidance and approval of the Executive Board shall appoint a Chief Collaborator who shall serve as the spokesperson. The Chief Collaborator shall appoint a number of Association team members, which shall be commensurate with the number of team members on the Board of Education team. The composition of the team must include one (1) spokesperson and recorder. Other roles shall be assigned as necessary. The recorder shall record points of interest by writing the parties’ intentions and contract clauses as the parties reach consensus. The remaining team members shall be participants in raising points of interest for contract clauses that represent the best interest of the membership. The negotiating team shall have the primary responsibility in negotiating, and shall be given full authority to bargain in good faith, including the right to modify proposals and make concessions on behalf of the Association, subject to the ratification of the entire contract by the professional members of the Association.
The entire negotiating team shall be the Professional Educators Collaborative Conferencing Committee. The Chief Collaborator may appoint additional members to the committee as needed. The PECCA Chair shall serve as chairperson of the PECCA Committee. The main purpose of the committee shall be to gather input from the membership. Input may be gathered through surveys, group interviews, or other means. This input will be used to guide the discussion for interests in the bargaining process.
ARTICLE IX – SPECIAL AD HOC COMMITTEES
SECTION 1. Committees:
Each year the president shall appoint special ad hoc committees as may be necessary, and shall discharge them upon completion of their duties. Each committee shall elect a secretary who shall keep a continuing record of all activities. The chairperson shall report as necessary to the Executive Board and to the RA and shall prepare an annual written report summarizing committee activities, which shall become a part of the continuing committee record in the Association.
SECTION 2. Titles and Duties:
A. The Action Committee shall:
1. Be appointed by the President with the guidance and approval of the Executive Board.
2. Work with the PECCA Committee and be ready at all times throughout the collaboration proceedings to mobilize forces at any given time to support PECCA.
3. Work through such areas as community action, internal and external communications, and political action.
B. The Social and Hospitality Committee shall:
1. Organize such social activities as may serve the needs of members;
2. Promote fellowship within the Association;
3. Provide refreshments, decorations, etc., for special events.
ARTICLE X – ELECTIONS
SECTION 1. Voting:
All elections will be held by secret ballot in accordance with procedures developed by the Election Committee and approved by the Executive Board.
SECTION 2. Nominations:
1. Not later than the March Representative Assembly meeting, the active members of the Association in each designated building may nominate candidates, with the consent of the nominee, for President, vice-president, secretary, treasurer, and Executive Board following the guidelines of Article V of the Constitution. A biographical sketch of each candidate must be submitted in writing to the Election Committee.
2. The Election Committee shall report all nominations to the Representative Assembly not later than the March meeting. Members of the Assembly may nominate other candidates from the floor, with the consent of the nominee, following the guidelines of Article V of the Constitution.
3. The Election Committee shall publish a biographical sketch on each candidate. The Election Committee shall be responsible for the preparation and distribution of the ballots to the designated building.
SECTION 3. Balloting:
1. In each designated building, prior to May 1, active members shall vote for officers and Executive Board members by secret ballot in accordance with procedures developed by the Election Committee.
2. The Election Committee shall submit detailed procedures of the total election process to the Executive Board first and then to the Representative Assembly for approval and shall cause the approved procedures to be printed and distributed to the membership at least two weeks in advance of the election.
3. Elections shall not interfere with the normal operation of the school day. All used and unused ballots shall be returned to the chairperson of the Election Committee.
4. The ballots shall be counted electronically or by the Election Committee and supervised by three judges named by the President.
5. If no candidate receives the majority of votes cast, a run-off election shall be held within the next two weeks between the two candidates who have received the largest number of votes as determined by the Election Committee.
6. The Election Committee shall report results to the President who shall cause them to be announced immediately.
ARTICLE XI – DUES
The dues for certified members of the Knox County Education Association shall be .0034 of a figure determined by adding the minimum local bachelor’s salary and the maximum local bachelor’s salary for the preceding year and dividing by two (2). The dues shall be computed annually and rounded to the nearest one-half dollar when feasible.
All members shall also pay annual dues to the Tennessee Education Association and the National Education Association.
Dues of Educational Support and Staff members shall be equal to one-half the amount of certified members plus $2.00 for publications from NEA. Dues for half-time Educational Support and Staff members shall be equal to one-fourth the amount of certified members.
Retired members shall have the option to pay annual dues but such is not required.
Any Active or Educational Support and Staff member who is granted an official leave of absence from duties may retain membership status by paying membership dues directly to the Association.
The membership year shall extend from the date of enrollment of one year to August 31 of the next year; however, one who paid dues for the previous year will be considered non-delinquent and in continuous membership subject to the rights, privileges, benefits and services provided by his/her category of membership if his/her dues are paid, or payroll deduction is officially authorized, or an alternative dues payment plan is approved by the Executive Board prior to November 1. If by November 1 any person has not made payment of dues or authorized payment through payroll deduction or an alternate dues payment plan approved by the Executive Board, such person shall be considered a non-member until such time as dues are paid or authorized through payroll deduction or alternate dues payment plan approved by the Executive Board. An individual who was not a member of the Association the previous year shall be considered as an official member from the day membership dues are paid or payroll deduction or an alternate dues payment plan are authorized. Membership will be available only in the category in which the person most logically fits. In a question of doubt, the Executive Board is empowered to determine the appropriate category.
Teachers who are elected to posts after January 1, of the school year shall be invited and encouraged to become members for the sum of fifty percent of the local and TEA dues in effect at the time of their appointment, plus appropriate NEA dues.
ARTICLE XII – PRESIDENT’S COUNCIL
The Council shall consist of the President, Vice-president, Immediate Past-president, the chairpersons of all standing committees and one Association Representative from the Professional Advisory Council selected by the President.
The Council’s sole responsibility shall be advice the President on implementation of the association programs and policies as adopted by the Executive Board and/or the Representative Assembly.
ARTICLE XIII – DELEGATES TO THE TEA AND NEA
SECTION 1. TEA Representative Assembly:
A. Delegates to the annual TEA Representative Assembly shall be nominated through open nominated and elected by secret ballot of Active members following the guidelines of TEA. These delegates shall be elected no later than April 1 each year.
B. Names of the delegates shall be submitted to the TEA at least one month in advance of the dates of the Assembly.
SECTION 2. NEA Representative Assembly:
A. Election of delegates and successor delegates to the NEA Representative Assembly shall be secret ballot of the entire membership for each individual delegate position.
B. Names of elected delegates and successor delegates shall be submitted to the NEA in advance of the Assembly.
C. Delegates and successor delegates must be members of this Association.
ARTICLE XIV – FISCAL YEAR
The fiscal year of this Association shall be from July 1 of one year through June 30 of the following year.
ARTICLE XV – AUTHORITY
Robert’s Rules of Order Revised shall be the parliamentary authority for the Association in all questions not covered by the Constitution and Bylaws and such standing rules as the Representative Assembly may adopt.
ARTICLE XVI – AMENDMENTS
The membership may amend or repeal the Bylaws by a majority of those voting, provided that this procedure is followed sequentially:
A. That copies of the proposed amendments have been distributed and discussed at the regular meeting of the Representative Assembly;
B. that the Association Representative has presented and discussed the proposed amendments to the membership in each designated building prior to the vote; and
C. the vote shall take place within ten school days from the date the report is made to the Representative Assembly;
All amendments shall take effect immediately following the vote at which they were ratified except when a different effective date shall have been specified.
Amended 1992, 1995, 1998, 2001, 2002, 2007, 2009, 2014
KNOX COUNTY EDUCATION ASSOCIATION
ARTICLE I — NAME AND AFFILIATION
The name of this Association shall be the Knox County Education Association, herein referred to as the Association or the KCEA.
The organization shall be affiliated with the Tennessee Education Association (TEA) and with the National Education Association (NEA) and shall meet with the minimum standards for affiliation as set forth in the TEA and NEA governance documents.
ARTICLE II — PURPOSE
To work for the welfare of public school students, the advancement of public education, and the improvement of instructional opportunities for all.
To support and strengthen the teaching profession and to secure and maintain economic and professional security for all members.
To develop and promote the adoption of such ethical practices, personnel policies, working conditions, and standards of preparation and participation as marks of the profession.
To enable members to speak with a common voice on matters pertaining to the teaching profession and to present their individual and common interests before the Board of Education and other legal authorities.
To hold property, funds and other assets, and to employ a staff for the attainment of these purposes.
SECTION 1. Membership Categories
Membership in the Association shall consist of the following classifications: active certified and classified public school employees, and retirees. All questions regarding such matters as classification, eligibility, and privileges of members shall be determined by the Executive Board and approved by the Representative Assembly of the Association.
a. Active Members
1. Active membership in the Association shall be open to all personnel employed by the Knox County school system, who support the purposes and goals and agree to abide by the Code of Ethics of the Association. An active member is entitled to all rights and privileges of membership in the Association.
2. Active members of the Association shall also maintain membership in the Tennessee Education Association and the National Education Association.
3. Membership shall become effective upon statement of intent of payment of annual dues and shall continue in accordance with the provisions of this Constitution and Bylaws and with the policies and regulations adopted by the Representative Assembly of the Association. Active membership shall be continuous until the member leaves the school system, resigns from the Association, fails to pay membership dues or fails to comply with all rules and regulations of this Association.
Members who retire may continue as honorary members for life. They shall not be eligible to vote, hold office, nor represent the Association.
SECTION 2. Discipline of Members
No member may be censured, suspended from membership, or expelled, or cancelled from membership in this Association unless the member concerned has been given due notice of such an action and has had an opportunity for a due process hearing before the Executive Board. Any disciplinary action taken may be appealed to the Executive Board, the Representative Assembly and /or the Association. The Executive Board may reinstate a member who has previously been suspended or expelled from the Association.
ARTICLE IV — OFFICERS
SECTION 1. General Officers
a. The officers of the Association shall consist of a president and vice president, the immediate past president, a secretary, and a treasurer. A qualified parliamentarian shall be an appointed officer without voting privileges in Executive Board and Representative Assembly meetings. However, s/he shall have the same privileges to vote as any other member in a general membership meeting of the Association.
b. Officers shall have been members of the United Education Profession (KCEA, TEA, NEA) for at least three years prior to their election and shall maintain their membership in good standing during their terms of service.
SECTION 2. Method of Selection
a. The president, vice president, the secretary and the treasurer shall be elected by acclamation at the representative assembly if only one candidate is nominated or by secret ballot by the membership at large according to the procedures outlined in Article X of the Bylaws. The parliamentarian shall be appointed by the president and approved by the Executive Board. The parliamentarian shall not have voting privileges in the Executive Board or Representative Assembly meetings. However, s/he shall have the same privileges to vote as any other member in a general membership meeting of the Association.
b. The immediate past president shall be the person who has completed the full term of office as president for which s/he has most recently been elected.
SECTION 3. Terms and Succession
a. The term of office of the president and vice president shall be two (2) years and said officers shall serve no more than two consecutive terms in the office to which elected.
b. The secretary and the treasurer shall serve for a two (2) year term and may succeed themselves. In the event a member has served (2) two consecutive terms as secretary or treasurer, a full elective term must have elapsed before said individual is eligible for reelection to this office. This amendment becomes effective 2010-2011.
c. The elected officers shall assume office on the first day of July following their election and shall hold office until their qualified successors have assumed office.
SECTION 4. Filling of Vacancies
a. Should a vacancy occur in the office of president, the vice president shall assume the office of president for the remainder of the unexpired term. If the unexpired term is for a period of 18 months or longer, it shall be considered as equivalent to an elected term of the presidency. If the unexpired term is for a period of less than 18 months, the vice president shall serve the remainder of the unexpired term and will be eligible to stand for re-election to a two (2) year term.
b. In the event that the office of president is vacated and the vice-president becomes the president with three (3) or more months remaining until the next election, the executive board shall appoint a new vice president by the recommendation of the president.
c. In the event that the office of vice-president is vacated with three (3) or more months remaining until the next election, the executive board shall appoint a new vice president by the recommendation of the president.
d. If the office of both president and the vice-president become vacant at the same time between elections, except as provided in Article V, Section 3 of the Constitution, and more than three (3) months remain until the next election, the remaining members of the Executive Board shall choose one of their number to serve as president pro tempore until the next election cycle can be held for these officers.
e. If the office of the secretary or treasurer becomes vacant and more than three (3) months remain until the next election, the executive board shall appoint a secretary or treasurer by the recommendation of the president. If less than three (3) months remain until the next election, the Executive Board shall elect by secret ballot one of their number to serve the remainder of the unexpired term.
f. Persons elected to fill such vacancies shall take office the day following their election.
g. If the position of parliamentarian shall become vacant, the vacancy shall be filled as provided in Article IV, Section 1 of this Constitution.
ARTICLE V — EXECUTIVE BOARD
The Executive Board shall consist of the officers and twelve representative members. Any TEA Board Member and/or NEA Director (if he/she is a member of the Knox County Education Association) shall serve as an ex officio, non-voting member.
a. Members shall have been Association members for a minimum of three years prior to accepting a nomination to the Executive Board.
b. Nine certified classroom teachers shall be elected on three year staggered terms. Four (4) of the nine shall be elected by and from the Pre-K-5 schools; two (2) of the nine by and from 6-8 schools; and two (2) of the nine by and from 9-12 schools (including vocational centers), and one (1) of the nine by and from identified non-traditional school sites.
c. Three (3) members shall be elected at-large for three (3) -year terms. One of these positions shall be designated as ethnic minority; one shall be designated as administrative, and the other shall be designated as Education Support Professional (ESP).
d. Representative members of the Executive Board having served a full three-year term may be allowed to be elected to succeed herself/himself for one additional term.
e. Terms of Executive Board members shall begin on July 1.
The total composition of the Executive Board shall reflect a representation of the ethnic minority members at least proportional to the ethnic minority membership in the Association. Also, there shall be proportional representation of classroom teachers, ESP’s, and administrators. The total composition of the Executive Board shall reflect a proportional representation of ethnic minorities and administrators, as there are active members in the Association. If this representation is not reflected after a normal election process, additional representation shall be nominated and elected at large for a one (1) year term to fulfill this requirement.
Whenever a 2/3 majority of the Executive Board shall agree that an officer or Executive Board member has been grossly negligent of the duties defined in the Bylaws or is incapacitated, they may recommend to the Representative Assembly of the Association that the office be declared vacant. The officer concerned must have been given due notice of such an action and must have had an opportunity for a due process hearing before the Executive Board. In the case of an Executive Board member, if the Assembly so votes by a 2/3 majority, it shall immediately elect a replacement to fill the unexpired term.
If vacancies for elected positions on the Executive Board occur more than three (3) months prior to the next regular election, the Executive Board shall elect, through secret ballot or by acclamation, an Association member qualified to fill that position by recommendation of the president. Persons so appointed shall take office the day following the appointment. All appointees shall hold office until the next regular election when the members shall elect a successor who shall take office on the first (1st) day of July for the reminder of the unexpired term.
Under personnel policies adopted by the Representative Assembly and within the annual budget, the Executive Board shall have the power to employ a staff for the efficient management of the Association.
ARTICLE VI — REPRESENTATIVE ASSEMBLY
The legislative and policy-forming body of the Association shall be the Representative Assembly.
The Representative Assembly shall consist of the Executive Board, and one or more representatives elected from each school faculty and the central administrative office as determined under the Bylaws, Article VI, Section 1. The election of delegates shall follow the same provisions for representation of ethnic minorities, classroom teachers, ESPs and administrators as provided in Article V, Section 2, of this Constitution.
Any member of the Association who is not a member of the Representative Assembly may attend its meetings and may receive permission to speak but may not vote.
ARTICLE VII – AMENDMENTS
The membership may amend or repeal the Constitution by a two-thirds (2/3) majority of those voting, provided that this procedure is followed sequentially:
(1) that copies of the proposed amendments have been distributed and discussed at the regular meeting of the Representative Assembly; and
(2) that the Association Representative has presented and discussed the proposed amendments to the membership in each designated building prior to the vote; and
(3) that the vote shall take place within ten school days from the date that the report is made to the Representative Assembly.
All amendments shall take effect immediately following the vote at which they were ratified except when a different effective date shall have been specified.
Adopted January 17, 1989
Amended March 9, 2009
Amended April 14, 2014
NEA President Lily Eskelsen García discusses why we must educate students for work and society in the 21st Century, and reject a “fill-in-the-blanks” approach in favor of policies that nurture creative thinking and meet the needs of the “whole child”.
“I am a union leader. You are business leaders. And I think the story of the day is that you and I are best friends. At least we should be best friends.”
NEA President, Lily Eskelsen Garcia, is introduced at 6:20.
Lily Eskelsen García is president of the National Education Association, the nation’s largest labor union. Lily began her career in education as a school lunch lady and now leads a professional association of three million educators.
WHAT AM I BEING ASKED TO VOTE FOR, BEGINNING NOVEMBER 19, 2014?
Beginning Wednesday November 19 & ending at 4:30 p.m. on Tuesday November 25, an online poll will be conducted to determine if eligible professional employees of Knox County Schools want to continue Collaborative Conferencing.
WHY ARE WE DOING THIS?
This is in accordance with the State of TN Professional Educators Collaborative Conferencing Act of 2011, “PECCA.”
HOW DO I KNOW THE POLL IS CONFIDENTIAL?
Votenet Solution, a company specializing in online confidential polling, will administer the poll. None of the polling is done by KCS or KCEA. Everything is handled by Votenet.
WHAT QUESTIONS WILL I BE ASKED?
First, eligible employees will be asked the following:
Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?
Second, the employee will be asked to indicate which of the professional employees’ organizations
This second question will include an option for a response of “Unaffiliated” in the event the employee has no preference.
If the employee answers “No” to the first question, the second question will additionally contain an option for the response of “None of the above.” This “None of the above” response will indicate that the employee does not want to be represented in collaborative conferencing even if such conferencing is approved and takes place.
CAN YOU TELL ME MORE ABOUT PECCA?
On June 1, 2011, Governor Haslam signed into law the Professional Educators Collaborative Conferencing Act (PECCA). The PECCA replaces the Education Professional Negotiations Act (EPNA), effectively substituting Collaborative Conferencing for Tennessee’s traditional collective bargaining process. While there are some similarities between the two laws, the PECCA is substantially different from the EPNA, creating “new avenues of communication” between teachers and school boards and stressing inclusiveness of all professional employees’ organizations.
From the PECCA Law:
“Collaborative conferencing” means the process by which the chair of a board of education and the board’s professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving”
WHAT IS “INTEREST-BASED COLLABORATIVE PROBLEM SOLVING?”
This is a communication procedure that is similar to interest-based bargaining or negotiations, which have an open, non-confrontational nature. (A process in which KCEA and Knox County Schools had a long history of good relations.)
WHAT IS A MEMORANDUM OF UNDERSTANDING (MOU)?
From the PECCA law:
“Memorandum of understanding” means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. The memorandum shall be presented in its entirety to the board of education, to all professional employees covered by the memorandum and to the public, upon request”
I THOUGHT WE ALREADY DID THIS?
YES! We did:
KCEA took the first step in Collaborative Conferencing in Tennessee on October 18, 2011, by presenting the KCS BOE with over 2,300 signed petition cards, requesting Collaborative Conferencing for KCS educators. Knox County teachers, with KCEA were the FIRST in the state, asking to begin the collaborative conferencing process.
As required by law, the Knox County Board of Education completed the second step by establishing a “Special Question Committee” to conduct a confidential poll of eligible professional employees to determine whether a majority (50% plus 1) desired collaborative conferencing.
The third step took place November 17-22, when Knox County Schools held its Special Question Poll, paid for by KCEA. (The law requires that the initiating organization pay for the process.)
WHAT HAS BEEN HAPPENING SINCE THAT FIRST DECISION?
Since 2011, when 80% of those voting chose KCEA to represent them, a lot has happened.
Though the law required us to enter into this process in November of 2011, the State was not required to create a training program until January, 2012. Educators across the state were able to begin training the following summer.
The KCS Collaborative Conferencing teams for both management and Educators were appointed and began a year of extensive training with our facilitators in August, 2012.
Since that time, the team has met regularly, to work toward completing a Memorandum of Agreement, to present to the BOE.
*To continue work on the Memorandum of Understanding and/or to collaborate on other items allowed under PECCA, this team needs you to vote YES to the online poll, and YES to continuing to be represented by your trained and experienced KCEA representatives:
WHY HAVEN’T WE BEEN HEARING ABOUT THIS, FROM OUR BOARD OF EDUCATION?
We have also been asking that question, and hope you will ask your BOE representative to be sure that both you and they are fully informed, regarding the work of this important team!
ARE YOU SURE ABOUT ALL THIS?
The rest of this page is from Lexus Nexus and can be accessed by clicking the links at the beginning of each section.
© 2014 by The State of Tennessee, All rights reserved
Part 6 Professional Educators Collaborative Conferencing Act of 2011
(a) This part shall be known and may be cited as the “Professional Educators Collaborative Conferencing Act of 2011.”
(1) Local boards of education and their professional employees have an obligation to the public to exert their full and continuing efforts to achieve the highest possible education standards in the institutions that they serve. This requires establishment and maintenance of an educational climate and working environment that will attract and retain a highly qualified professional staff and foster open, collaborative relationships between boards of education and their professional employees based upon mutual respect, in order to stimulate optimum performance by the staff and encourage each and every professional employee to contribute the employee’s best to the enhancement of public schools. In order to best achieve these ends, it is the purpose of this part to set forth and recognize the legitimate rights and obligations of boards of education and their professional employees, to establish procedures governing their respective roles and the important relationships between them, and to promote a professional climate based upon mutual interest in order to focus efforts on teaching and learning for all students of the public schools.
(2) Experience has shown that boards of education and their professional employees can best reach the objectives described in subdivision (b)(1), if each considers the ability, experience and judgment of the other in formulating policies and making decisions that involve the operations of this state’s public schools through a collaborative effort of mutual interest and mutual gain. It also has been shown that professional employees can perform at their best when goals and expectations as to the terms and conditions of professional service are set forth with clarity, reliability and fairness to all in a manner demonstrating concern and respect for the interests of the individual employee.
(3) It is the purpose and policy of this part to recognize the interests of individual employees in their relations with boards of education and to recognize certain rights, but not obligations, of professional employees to form, join and assist professional employees’ organizations, such rights and responsibilities to include meeting, consulting and conferencing with boards of education in order to discuss matters relating to specific terms and conditions of professional service. Furthermore, in order to foster trust and mutual respect among the parties, and to provide an open and collaborative problem-solving approach to such conferencing, it is the purpose and policy of this part to recognize and adopt the principles and techniques known as interest-based collaborative problem-solving for use in conferences conducted pursuant to this part.
(c) A training program in the principles and techniques of interest-based collaborative problem-solving for use in collaborative conferencing pursuant to this part shall be developed by the Tennessee Organization of School Superintendents in conjunction with representative organizations of school leaders and administrators and professional employees’ organizations by January 1, 2012, at which time a summary report of the training program and related materials, if any, shall be presented to the education committees of the senate and the house of representatives. Such training program shall be implemented, as appropriate, within each local education agency no later than July 1, 2012.
(d) Any and all bargaining being conducted pursuant to the Education Professional Negotiations Act on June 1, 2011, shall be suspended indefinitely.
(e) No collaborative conferencing pursuant to this part shall be conducted by a local board of education until the training developed under this part has been implemented within the local education agency.
Tenn. Code Ann. § 49-5-602 49-5-602. Part definitions.
As used in this part, unless the context otherwise requires:
(1) “Board of education” or “local board of education” has the same meaning as the term is defined in § 49-1-103;
(2) “Collaborative conferencing” means the process by which the chair of a board of education and the board’s professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving;
(3) “Management personnel” means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process;
(4) “Management team” means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching;
(5) “Memorandum of understanding” means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. The memorandum shall be presented in its entirety to the board of education, to all professional employees covered by the memorandum and to the public, upon request;
(6) “Person” means one (1) or more individuals, organizations, associations, or their representatives;
(7) “Political activity” includes, but is not limited to:
(A) Lobbying as defined in § 3-6-301;
(B) Making contributions to any entity which engages in any form of political communication, including communications which mention the name of a political candidate;
(C) Engaging in or paying for public opinion polling;
(D) Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate;
(E) Engaging in or paying for any type of political advertising in any medium;
(F) Telephone communication for any political purpose;
(G) Distributing political literature of any type; or
(H) Providing any type of in-kind help or support to or for a political candidate;
(8) “Professional employee” means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8;
(9) “Professional employees’ organization” means any organization with membership open to professional employees, as defined in subdivision (8), in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students;
(10) “Representative” includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part;
(11) “Strike” means the failure with others to report for duty, the willful absence from one’s position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one’s superior; or in any manner interfering with the operation of the public school system, for the purpose of inducing or coercing the recognition of any employee organization or a change in the conditions or compensation or the rights, privileges or obligations of employment;
(12) “Supervisor” means any professional employee of a local board of education whose full-time job responsibilities consist of oversight of other professional employees or curriculum development or both; and
(13) “Working conditions of professional employees” or “terms and conditions of professional service” means those fundamental matters that affect a professional employee financially or the employee’s employment relationship with the board of education and that are specifically designated as such under this part. The term “working conditions” or “terms and conditions of professional service” is intended to be narrowly defined and does not include any matters not specifically designated under this part.
Tenn. Code Ann. § 49-5-603 49-5-603. Rights of professional employees.
Professional employees have the right to self-organization, to form, join or be assisted by organizations, to participate in collaborative conferencing with local boards of education through representatives of their own choosing and to engage in other concerted activities for the purpose of other mutual aid and benefit; provided, that professional employees also have the right to refrain from any or all such activities.
Tenn. Code Ann. § 49-5-604 49-5-604. Rights preserved.
(a) Those rights and responsibilities of boards of education, directors of schools and professional employees as contained in this title are not statutorily modified or repealed by this part.
(b) This part shall not operate so as to annul or modify any recognition heretofore entered into between a board of education and a professional employees’ organization until the termination of an existing agreement between a local board of education and a professional employees’ organization. Upon the termination of any existing agreement, subsequent professional employee relationships between the respective board of education and its professional employees shall be governed by this part.
Tenn. Code Ann. § 49-5-605 49-5-605. Representatives.
(a) Experience has shown that efforts to confer, consult, discuss, and to exchange information, opinions, and proposals on terms and conditions of professional service are most efficient and effective when conducted by participants who are selected and authorized to represent individual professional employees or groups of employees. It is the policy and purpose of this part to ensure the rights of professional employees to participate in collaborative conferencing with boards of education through representatives of their own choosing. No professional employee, group of professional employees, or professional employee organization shall be denied the opportunity to represent themselves or groups of professional employees in discussions authorized under this part.
(1) Upon the submission by fifteen percent (15%) or more of the professional employees in an LEA of a written request to conduct collaborative conferencing with a board of education between October 1 and November 1 of any year, the board of education shall appoint an equal number of its professional employees and board members to serve on a special question committee for the purpose of conducting a confidential poll of all eligible professional employees as provided in subdivision (b)(2).
(A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond “YES” or “NO” to the question:
Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?
(B) If the employee responds “YES” to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees’ organizations having a presence in the LEA. The second question shall also include a box for the response of “unaffiliated”, if an employee does not have a preference as to a professional employees’ organization. If the employee responds “NO” to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees’ organizations. The second question shall also provide for a response of “unaffiliated”, if an employee does not have a preference of a professional employees’ organization, or a response of “none of the above”, if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur.
(3) No board of education shall have a duty or obligation to engage in collaborative conferencing with its professional employees pursuant to this part unless a majority of those eligible to vote in the poll under subdivision (b)(2) respond “YES” to the first question.
(4) Upon receiving the results of the poll in which the majority of those eligible to vote respond “YES” to the first question, the board of education shall appoint at least seven (7), but no more than eleven (11) persons, to serve as management personnel. The professional employees shall be entitled to the same number of representatives as the number of management personnel selected by the board of education. The professional employee representatives shall be selected according to each organization’s proportional share of the responses to the second question; provided, however, that only those professional employees’ organizations receiving fifteen percent (15%) or more of the responses to the second question shall be entitled to representation. The category of “unaffiliated” as a response to the second question, but not the category of “none of the above”, shall be considered a professional employees’ organization for the purposes of this subdivision (b)(4).
(5) If fifteen percent (15%) or more of the professional employees polled indicate a preference for an unaffiliated representative, then the special question committee shall select and appoint a person or persons to serve as an unaffiliated representative or representatives according to the proportional share of responses to the second question in the category “unaffiliated”.
(A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond “YES” to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing.
(B) Notwithstanding the provisions of subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded “YES” to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls.
(c) Each professional employees’ organization receiving fifteen percent (15%) or more of the responses shall select and appoint the appropriate number of persons to serve as representatives of the professional employees preferring that organization. The board of education shall select and appoint its representatives. Representatives shall be appointed no later than December 1.
(d) If a majority vote to conduct collaborative conferencing is not secured, then during any subsequent year, the professional employees may again seek to engage in collaborative conferencing pursuant to subsection (b).
(e) The results of the confidential poll and the names and positions of the appointed representatives shall be transmitted to the board, professional employees and professional employee organizations prior to January 1 next.
(f) Those persons or organizations initiating the poll shall be assessed the reasonable costs necessitated in conducting the poll by the chair of the special question committee.
Tenn. Code Ann. § 49-5-606 49-5-606. Unlawful acts.
(a) It is unlawful for a board of education or its management personnel to:
(1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;
(2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;
(3) Refuse or fail to participate in collaborative conferencing under this part;
(4) Refuse to permit any professional employees’ organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board’s policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part;
(5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits;
(6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or
(7) Dominate, interfere or assist in the administration of any professional employee organization.
(b) It is unlawful for a professional employees’ organization or its representatives to:
(1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees’ organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership;
(2) Refuse or fail to participate in collaborative conferencing under this part with a board of education;
(3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;
(4) Engage in a strike;
(5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part;
(6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or
(7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
(1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located.
(2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint.
(3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act.
(4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order.
(5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.
Tenn. Code Ann. § 49-5-607 49-5-607. Strikes — Remedies.
(1) If a strike occurs, the board of education may apply to the chancery court in the county to enjoin the strike. The application shall set forth the facts constituting the strike.
(2) If the court finds, after a hearing, that a strike has occurred, the court shall enjoin the employees from participating in the strike.
(b) When local boards of education have determined which employees have engaged in or participated in a strike, the employees may be subject to dismissal and, further, shall forfeit their claim to tenure status, if they have attained tenure, and shall revert to probationary status for the next five-year period. Any professional employee who engaged in, or participated in, a strike and who is not a tenured teacher may also be subject to dismissal.
(c) No penalty, forfeiture of rights or privileges or other sanction or fine imposed on a professional employees’ organization, its officers or members, as the result of a strike, shall be subject to collaborative conferencing by the organization and a board at any time.
Tenn. Code Ann. § 49-5-608 49-5-608. Scope of conferencing.
(a) A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following:
(1) Salaries or wages;
(2) Grievance procedures;
(4) Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives;
(5) Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government;
(6) Leave; and
(7) Payroll deductions; except as provided in subsection (b).
(b) No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:
(1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas;
(2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designated for specific purposes;
(3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;
(4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs under § 49-1-207; innovative high school programs under chapter 15 of this title; virtual education programs under chapter 16 of this title; and other programs for innovative schools or school districts that may be enacted by the general assembly;
(5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and
(6) Payroll deductions for political activities.
(c) The director of schools shall be permitted to communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including the terms and conditions of professional service that are subject to collaborative conferencing, through any means, medium or format the director chooses.
Tenn. Code Ann. § 49-5-609 49-5-609. Memorandum of understanding.
(a) The scope of a memorandum shall extend to those matters of mutual agreement between the board of education and the professional employees; provided, that its scope shall not include proposals contrary to:
(1) Federal or state law or applicable municipal charter;
(2) Professional employee rights defined in this part; or
(3) Board of education rights contained in this title.
(b) If agreement is reached by the management personnel of the board of education and the representatives of its professional employees, they shall jointly prepare a proposed memorandum of understanding. The board of education may enter into the memorandum for a period not to exceed three (3) years. Any items included within the memorandum that require funding shall not be considered effective until such time as the body empowered to appropriate the funds has approved a budget that includes sufficient funding. If the amount of funds appropriated is less than the amount required to address the matters of collaborative conferencing, then the parties may continue to confer to reach agreement within the amount of funds appropriated.
(c) A memorandum of understanding shall be binding on the parties from the date of its approval by the board of education as an item on the agenda of a regular or special called board meeting or at a later effective date that is explicitly stated in the memorandum of understanding.
(d) Nothing in this part shall be construed to require collaborative conferencing, agreement on any terms and conditions of employment, or, if agreement has not been reached between the board of education and the representatives of the professional employees, a memorandum of understanding. Absent an agreement and memorandum of understanding on terms and conditions specified for collaborative conferencing in this part, the board of education shall have the authority to address such terms and conditions through board policy.
Knox County Schools Board of Education, District 2 Candidate Forum:
Monday, October 13, 6:00 – 7:15 p.m
Christenberry Community Center
Charlotte Dorsey, Jamie Rowe and Tracey Sanger will participate in the forum on Monday, October 13, 6:00 – 7:15 p.m., at the Christenberry Community Center, 931 Oglewood Avenue, Knoxville 37919. Matt Shafer Powell, Director of News Content and Executive Producer at WUOT, will moderate.
Thursday, July 24, 2014 – 6:00 pm Lawson McGhee Library (in the Arts Room) 501 W. Church Avenue
All four Board of Education candidates from Districts 1 and 6 will appear in a forum co-sponsored by the League of Women Voters and the Knox County Education Association on Thursday, July 24 from 6:00 pm to 7:15 pm in the Arts Room on the basement level of Lawson McGhee Library at 501 W Church Avenue. Free parking is available at the Locust Street garage.
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What: Forum on State Testing Policies
Date: Tuesday, July 22nd, 2014 – 6:00 pm
Place: Central High School Auditorium
Who Should Attend: YOU!
The Tennessee Deputy Commissioner of Education, Kathleen Airhart, will be speaking at Central High School in Knoxville on July 22nd at 6:00 pm. She will speak and answer questions on the subject of K-12 state requirements for testing and assessments.
Also attending and available to answer questions: Representative, Harry Brooks (R-19) House Education Committee Chair Representative, Gloria Johnson (D-13), a KCS teacher, will be present to answer questions.
Continue reading K-12 State Requirements for Testing and Assessments