important

PROPOSED CONSTITUTION &

BYLAWS CHANGES:

DOCUMENT WITH PROPOSED CHANGES

ORIGINAL DOCUMENT

DATE PUBLISHED FOR REVIEW:  SEPTEMBER 27, 2023 

PROJECTED DATE OF RETIFICATION VOTE: DECEMBER 6, 2023 

PLEASE DIRECT ALL QUESTIONS AND COMMENTS TO:
CHRIS BOWMAN - 1ST VICE PRESIDENT - vicepresident1@bceanjea.org

EIN: 285-057759
NJ Tax ID #:  0900007628
Formation/Authorization Date:  January 1967
GeoCode: 5990302

CONSTITUTION

Article I:   Name

  1. Section 1:

    1. The name of the Association shall be the Burlington County Education      Association, Incorporated, hereafter referred to as the Association.

  1.  Section 2:

    1. The Association shall be incorporated as a non-profit corporation under Title 15A, 2-8 New Jersey Domestic Nonprofit Corporation Act. 3.

  1. Section 3:

    1. The Association shall apply for tax exempt status under Internal Revenue Code 501c (5) and govern itself in a manner that will not jeopardize its tax exempt status. The Association may apply to NJEA to be included in a group exempt letter.

ARTICLE II:  Affiliation

  1. The Association shall be an affiliate of the New Jersey Education Association, and the National Education Association. The Association shall abide by the New Jersey Education Association's standards for local association affiliation and shall forward a copy of its constitution to NJEA. Affiliation shall not legally carry any liability for damages on the Association or NJEA due to actions taken independently by either.

ARTICLE III: Purpose

  1. Section I:

    1. To work for the welfare of children, the advancement of education, and the improvement of instructional opportunities for all.

  1. Section 2:

    1. To be a source of advice, help, encouragement, information, and cooperation for the local affiliated associations within the county.

  1. Section 3:

    1. To serve as an agency for legislative activity, advice and study in cooperation with the New Jersey Education Association and the National Education Association.

  1. Section 4:

    1. To provide the opportunity for discussion and exchange of ideas concerning educational issues.

  1. Section 5:

    1. To organize educational workshops and conferences.

ARTICLE IV: Membership

  1. Section I:

    1. Active Members. The term Active Member shall refer to Active Certificated and Active Non-Certificated members.

  1. Section 2:

    1. Active Certificated Members. Any person (I) who is regularly employed in a professional education capacity in a public school, college, university, institution, or agency operating under the laws of the State of New Jersey, and (2) who if in a position which requires a certificate issued by the State Board of Examiners, holds such a certificate or if now in a position which requires such certificate, holds an earned bachelor's degree and (3) where eligible, is a member of the appropriate affiliated local association and the New Jersey Education Association, by payment of the annual dues. Active Certificated Members shall have the right to vote, hold office, and receive services of the Association.

  1. Section 3:

    1. Active Non-Certificated Members. Any person employed in other than a professional capacity in a public or State school, college, university, or other institution or agency operating under the laws of the State of New Jersey may become an Active Non-Certificated Member of this Association by payment of the annual dues. Active Non-Certificated Members shall have the right to vote, hold office, and receive services of the Association.

  1. Section 4:

  1. Rights of Members:

    1. Every member shall have the equal rights and privileges within the organization to nominate candidates for office; to vote in elections or on referenda of the Association; to attend membership meetings; to participate in the deliberations and voting upon the business of such meetings except that in voting on contract ratification only members in the appropriate unit of representation shall have the right to vote.

    2. Every member shall have the right to meet and assemble fully with the other members; to express any views, arguments or opinions; to express views at meetings upon candidates in an election of the Association or upon any business properly brought before the meeting. iii. No member shall be fined, suspended, expelled or otherwise disciplined except for nonpayment of dues without being served with specific written charges and given a reasonable time in which to prepare a defense which may be asserted at a full and fair hearing.

  1. Section 5:

    1. General Members:

      1. Any person engaged in any professional education capacity in New Jersey other than those specified in Section I. may become a General Member of this Association by payment of the annual dues. General Members shall receive such services as the Representative Council shall determine.

  1. Section 6:

    1. Retired Members:

      1. Active members upon retirement may continue to enjoy all rights and services including the right to vote, but may not hold an elected office. Membership will be determined by payment of annual dues.

  1. Section 7:

    1. Code of Ethics:

      1.  All members shall be expected to follow the code of ethics and other such reasonable standards of conduct as established by the New Jersey Education Association and the National Education Association.

      2. Failure to meet with the standards as designated by the above organizations shall result in suspension of active membership.

    2. Members shall have the right to a hearing before the Executive Committee to contest suspension.

ARTICLE V: Officers

  1. The officers of the Association shall be:

    1. President

    2. First Vice-President

    3. Second Vice President

    4. Secretary

    5. Treasurer

ARTICLE VI: Executive Committee 

  1. Section I:

    1. The Executive Committee shall consist of:

      1. The BCEA officers

      2. The immediate past-president who shall serve for two years

      3. The NJEA Executive Committee member

      4. The members and alternates of the Delegate Assembly

      5. The chairpersons of the BCEA Standing Committees

      6. NJEA Committees Members

  1. Section 2:

    1. Duties of the Executive Committee. 

      1. Transact the business of the Association

      2. Propose policies in accordance with the aims of the organization

      3. Authorize expenditures within the limits of the budget

      4. Fill vacancies in the office of the Vice-Presidents, Secretary and Treasurer until the next annual election

  1. Section 3:

    1. Voting

      1. All members of the BCEA Executive Committee shall have the right to vote at all Executive Committee meetings.

ARTICLE VII: Representative Council

  1. Section I:

    1. The Representative Council shall be made up of:

      1. Representatives selected directly by the President of their local associations. Representation shall be a minimum of one per unit or at a ratio of one representative for each 5O members or majority portion thereof.

      2. The Burlington County Education Association Executive Committee.

      3. Members of the Burlington County Retired Education Association who elect to pay dues to BCEA through their group may be represented on the Representative Council at a ratio of one representative for each 1OO members.

  1. Section 2:

    1. Duties of the Representative Council: 

      1. Determine Association policies.

      2. Approve budget.

      3. Receive and act upon reports of officers, Executive Committee, and all other committees.

      4. To act as liaison to respective locals.

      5. Act as the final arbitor for any election disputes.

  1. Section 3:

    1. Voting

      1. In the absence of a voting member, an alternate or proxy may represent that local affiliate provided said alternate/proxy has been selected by the local affiliate president and the Burlington County leadership has received notification of such authorization.

      2. Members of the BCEA Executive Committee shall be non-voting members of the Representative Council unless designated by their local President under Section 1.

ARTICLE VIII: Elections

  1. Section I.

    1. Nominations.

      1. The President, by February 15th of each year, shall appoint a nominating committee which shall conform in number and representation to the standards established by the NJEA Elections Committee for the nomination of County representatives to NJEA offices.

      2. The nominating committee shall name one or more candidates for each BCEA office to be filled that year.

      3. The nominating committee, in even-numbered years, shall make nominations for President and 2nd Vice-President; and, in odd-numbered years, make nominations for 1st Vice President,Secretary and Treasurer.

      4. All subsequent elections shall be for 2 year terms.

      5. The nominating committee shall announce the candidates to the Representative Council at its next scheduled meeting.

  1. Section 2:

    1. Petitions:

      1. Additional names for each office may be placed in nomination by securing the signatures of at least 25% of the members of the Representative Council on a nominating petition.

      2. Additional names for each office may also be placed in nomination by securing at least 5O signatures of active members of BCEA from at least three (3) locals in the County.

  1. Section 3: 

    1. All candidates shall be offered the opportunity to provide a brief informational statement to the BCEA Office, that will be made available for members.

  1. Section 4:

    1. Voting.

      1. Voting shall take place in such a manner as determined by the county election procedures established by the New Jersey Education Association.

      2. BCEA will publish the election results, once they are received.

  1. Section 5:

    1. Mid-term Appointment of Officers:

      1. In the event of the vacancy of the President, the First Vice President shall become President for the remainder of the term.  The Second Vice President shall take on the duties of both Vice Presidents.  If more than ninety (90) days remain in the unexpired term, a special election shall be conducted to fill the vacancy of the First Vice President for the remainder of the term.

      2. In the event of vacancies in all of these positions, the Secretary will call an emergency meeting of the Executive Committee who, shall by majority vote, choose one of their members to serve as President pro tempore until the next annual election.

      3. If a vacancy occurs in any of the other offices, the vacancy shall be filled by appointment of the President with the approval of the Executive Committee, for the remainder of the term or until the next election.

ARTICLE IX: Committees

  1. Section 1:

    1. Standing Committees:

      1. The President shall be empowered to appoint all such committee chairpersons with the advice and consent of the NJEA Executive Committee member.

      2. The President may make interim appointments pending approval of the NJEA Executive Committee member at its first meeting after such interim appointment.

  1. Section 2:

    1. Other Committees:

      1. The President shall be empowered to appoint all other committees as may be necessary to carry on the business of the Association.

ARTICLE X: Quorum

  1. Section I:

    1. A quorum for the transaction of business of the Representative Council shall consist of the members present, provided they represent at least ten (10) local associations.

  1. Section 2:

    1. A quorum for the transaction of business of the Executive Committee shall consist of a majority of the members of said committee.

  1. Section 3:

    1. A quorum for the transaction of business of any committee shall consist of a majority of its members.

Article X:  Authority 

The most recent edition of Robert's Rules of Order shall be the parliamentary authority for the Association for all meetings, in so far as those rules are not inconsistent with the Constitution and Bylaws of the Association.

ARTICLE XI: Trustees  

  1. Section I:

    1. There shall be five trustees to fulfill the requirements of incorporation in the State of New Jersey.

  1. Section 2:

    1. The trustees shall be the officers of the Association.

ARTICLE XlI: Affiliation

  1. The Association is a unified affiliate of the NJEA-NEA under the rules of those associations.

ARTICLE XIII: Amendments

  1. This constitution may be altered or amended by a two-thirds vote of the Representative Council members present at a regular meeting provided the proposed alteration or amendment shall have been electronically shared with all members via multiple means. Multiple means may include but shall not be limited to, email Association Presidents, email Association Representatives, BCEA social media and BCEA website, at least thirty days prior to the date of finalaction.

Adopted: January 14, 1981  Revised:  November 1983, October 2005, May 2010, January 2018, January 2020

BY-LAWS

  1. DUES:

    1. The annual dues for each category of membership shall be set by the Representative Council with consideration given to the recommendations of the Executive Committee. Notification will be provided electronically to local associations for dissemination.

  1. TERM OF OFFICE:

    1. The officers of the Association shall assume the duties of their offices on June 15 following their election, and shall hold office within their terms as long as they ethically perform the duties of their office and until their successors take office. The length of the term of office shall be two years for each officer.

    2. A full-time released President shall be limited to five (5) two (2) year terms in office.

  1. DUTIES OF THE OFFICERS.

    1. All officers shall:

      1. attend Executive Committee and Representative Council meetings and any other meetings sponsored by the BCEA.

      2. submit monthly written monthly reports to the Executive Committee and the Representative Council.

      3. represent the BCEA in public venues.

      4. recruit and develop new leaders.

      5. plan the BCEA's goals, programs, and yearly calendar.

      6. coordinate weekly coverage of the office.

      7. introduce speakers at BCEA sponsored workshops, as needed.

      8. assist in preparation/clean-up of any event, as needed.

    1. In addition, the President shall:

      1. call meetings of the Executive Committee and Representative Council and preside at  these meetings.

      2. in collaboration with other officers, assign duties and roles for officers.

      3. along with the Treasurer, sign all checks drawn on Association accounts.

      4. be an ex-officio member of all committees and perform such other duties as they evolve.

      5. appoint committees chairpersons, or rescind appointments, per the Constitution, with the advice and consent of the NJEA Executive Committee Member.

      6. recommend ad-hoc committees to carry on the business of the Association.

      7. be held responsible for the progress and work of the Association.

      8. attend the following NJEA Meetings:

      1. County Presidents' Council.

      2. Delegate Assembly, as a voting member.

      3. NJEA PAC Operating Committee, as a voting member.

      4. Any special meeting called by the NJEA leadership.

      1. make recommendations and collaborate with the treasurer and the Budget Committee in budget preparation.

      2. perform all other functions usually attributed to this office.

    1. In addition, the Vice-Presidents shall:

      1. in the absence of the President, The First Vice-President shall perform all the duties and enjoy all the privileges of that office.In the absence of the President and the 1st Vice-President, The Second Vice-President shall perform all the duties and enjoy all the privileges of that office.

      2. shall be assigned as ex-officio members to committees related to their area of responsibility.

      3. assist the President with duties.

    1. The First Vice-President shall:

      1. attend the NJEA County Presidents' Council meetings.

      2. serve as the liaison to the LAT committee; overseeing the meetings  and coordinating, with the chairperson, any workshops/events, location, invitations, invited guests, program, gifts, etc.

      3. be responsible for updating and/or suggesting replacements to technology, according to the budget.

    1. The Second Vice-President shall:

      1. attend the NJEA County Presidents' Council meetings, as needed.

      2. serve as the liaison to the MLR committee; overseeing the meetings  and coordinating, with the chairperson, any workshops/events, location, invitations, invited guests, program, gifts, etc.

      3. coordinate, with the office staff, the Presidents Dinner, including theme, location, invitations, invited guests, program, gifts, etc. and act as Master-of-Ceremonies at the event.

      4. communicate with local association vice-presidents to establish and maintain a database of contact information.

    1. In addition, the Secretary shall:

      1. attend Executive Committee and Representative Council meetings and record minutes.

      2. keep an accurate list of schools and their designated number of representatives to the council.

      3. submit draft minutes to the President for comments and corrections and submit corrected minutes to the office manager within two (2) weeks following the meeting for copying purposes.

      4. send correspondence, get well/sympathy cards, etc. as needed and report to the Executive Committee and the Representative Council all correspondence received or sent.

      5. keep a file of all correspondence.

      6. serve as the liaison to the ESP committee; overseeing the meetings  and coordinating, with the chairperson, any  workshops/events, location, invitations, invited guests, program, gifts, etc.

      7. assist the other officers with duties, as needed.

    1. In addition, the Treasurer shall:

      1. collect, deposit, and disburse the funds of the Association subject to the directions of the President, the Executive Committee, and the Representative Council.

      2. shall sign all checks, along with the President or designee, drawn on Association Accounts.

      3.  shall render an annual financial statement to the Executive Committee for recommendation to the Representative Council. The books of the Association shall be open for inspection at any time, and shall be audited each year by the Budget and Finance Committee.

      4. shall also present a written financial statement at each Representative Council meeting.

      5. serve as the liaison to the Budget committee.

      6. prepare the yearly budget.

      7. meet regularly with the President to report on all current and future financial transactions.

      8. coordinate, prepare and dispense:  weekly payroll for office staff, monthly mileage reimbursements and officer stipends.

      9. remain up-to-date with NJEA financial information and attend appropriate workshops as needed.

  1. EXPENDITURE POLICY:

    1. Appropriations:

      1. All expenditures above two hundred dollars ($200.00) must be approved by the Representative Council.

      2. The Executive Committee may transfer an amount of budgeted line item of two hundred dollars ($200.00) or less to another budgetedtine line item and shall be brought to the attention of the Representative Council.

    1. Expenditures of BCEA Officers.

      1. An allowance for travel, conference expenses, mailing, and miscellaneous expenses will be set by the budget for each officer. Any expenses not related directly to BCEA business shall not be paid.

      2. Under no circumstances will any personal expenses be charged on a BCEA credit card.

    1. Final Bill Approval

      1. Bills or expenses incurred by the Burlington County Education Association or members of the Executive Committee in execution of duties will be presented to the President and Treasurer for approval and payment.

    1. Vouchers

      1. The President or any other officer shall not approve his/her own vouchers. The President's vouchers shall be approved by the Treasurer and the First Vice-President.

      2. The Treasurer's vouchers shall be approved by the President and the First Vice-President.

      3. Any questionable bills or vouchers shall not be paid until approved by the Executive Committee at its next regularly scheduled meeting.

      4. Should the Executive Committee not approve payment of the voucher, then the claimant may appeal to the Representative Council. The decision of the Representative Council shall be final.

      5. The voucher format shall be one approved by the Representative Council and, where applicable, receipts shall be attached.

  1. MEETINGS:

    1. Representative Council:

      1. There shall be at least five Representative Council meetings during each school year.

      2. Special meetings may be called by the President or by a majority vote of the Executive Committee.

      3. Local association Presidents and members of the Representative Council shall be notified of special meetings at least forty-eight (48) hours in advance of said meeting.

    1. Executive Committee:

      1. The Executive Committee shall meet prior to each Representative Council and at other times called by the President.

      2. Members of the Executive Committee shall be notified of special meetings at least forty-eight (48) hours in advance of said meeting.

    1. Officers and Office Staff

    1. All officers and staff should meet at least once a month to plan, coordinate and review all events and activities, office coverage and general business of the Association.

  1. VOTING RIGHTS.

    1. The Association guarantees to its membership the following: 

    1. Every active member has equal rights and privileges within the organization to nominate candidates; to vote in elections or on referenda of the organization.

    2. The one-person-one-vote principle for representation on its governing bodies shall be applies; except that the Association guarantees ethnic-minority representation at least proportionate to its ethnic-minority membership.

  1. COMMITTEES:

    1. Minutes of the proceedings of each committee shall be filed in the administrative office of the Association.

    2. All committees shall report in writing to the Representative Council.

    3. Standing committees who fail to perform their assigned duties may be replaced by the President with the advice and consent of the NJEA Executive Committee Member.

  1. STANDING COMMITTEES:

    1. All committee action shall be within the framework of policy laid down by the Representative Council.

    2. Duties of the Committee Chairs shall be:

      1. to attend all scheduled NJEA committee meetings and submit a written report (within seven [7] days of the meeting) to the BCEA Office for inclusion on the Executive Committee and the Representative Council agendas.  Failure to attend these meetings may result in the removal as committee chair.

      2. to attend BCEA Executive Committee as a voting member.

      3. to attend BCEA Representative Council meetings as a non-voting member unless designated by local president as a representative.

      1. When there are two chairpersons (one state; one BCEA) the state chair writes and presents the state reports  and the BCEA Chair writes and presents the BCEA reports.

      2. The Standing Committees of the Association shall be:

    1. Budget and Finance Committee: 

      1. shall draw up a budget, audit the Association books and carry out an on-going study of the dues structure for the purpose of proposing changes when the need. arises.

      2. this committee shall consist of the Committee Chairperson, the President, Treasurer, and at least three(3) appointees. 

    1. County Activities Committee:

      1. shall coordinate the activities of the Association as directed by the President and shall plan and coordinate social outings.

      2. this committee shall consist of those appointed by the President.

    1. Minority Leadership & Social Justice Committee: 

      1. shall study, report on, and make recommendations on how members and their association can improve humanrelations.

      2. shall plan and facilitate MLR workshops and dinner.

    1. Instruction and Professional Development Committee: 

      1. shall study, report on, and make recommendations concerning programs and problems in the field of education. The committee shall also organize and supervise workshops and approved conferences in this area. 

    1. Legislative Action Committee:

      1. facilitate the LAT meetings and submit a written report to the BCEA Office for inclusion on the Executive Committee and Representative Council agendas. 

      2. attend the following:

        1. PAC Operating Committee meetings (twice a year) as called by the NJEA President.

        2. Adjacent county Legislative Dinners and Screenings as needed

        1. plan and facilitate the annual LAT Meet & Greet, Legislative Dinner, Candidate Screenings for Freeholders and Legislative Districts.

        2. oversee the BCEA phone banks, canvassing and other election activities.

        3. plan and implement the county's annual PAC drive.

    1. Membership Committee:

      1. shall supervise the recruitment and maintenance of membership.

      2. maintain communication with local membership chairs. 

    1. Public Relations and Media Committee:

      1. shall supervise communication with the community at large.

      2.  assist with all PRIDE events as needed.

    1. Retirement Committee: 

      1. shall bring  information to members  regarding retirement.

      2. communicate with BCREA.

    1. Member Benefits Committee:

      1. shall bring information to members  regarding special services and discounts available to members of the Association.

    1. Personnel Committee: 

      1. shall set terms and conditions of employment for BCEA employees.

      2. this committee shall consist of the Officers of the Association, NJEA Executive Committee Person and Budget Committee Chairperson. Other members may be appointed by the President.

    1. ESP Committee:

      1. facilitate the ESP meetings and submit a written report to the BCEA Office for inclusion on the Executive Committee and Representative Council agendas.   

      2. attend the NJEA ESP Conference.

      3. plan and facilitate the annual ESP Celebration Dinner and Workshop and any other ESP workshop during the year, working with the cooperation of the assigned officer liaison, President, and Office Staff.

      4. work cooperatively with the NJEA Field Representative for Educational Support.

    1.  Constitution & By-Law Committee:

      1. shall review the Constitution, By-laws, and Policies of the BCEA, at least once every 5 years.

      2. shall bring to the Executive Committee and Representative Council suggestions for changes in the Constitution, By-laws, and Policies of the BCEA.

      3. the Committee shall be made up of the Chair, President, and one other BCEA officer.

  1. BUDGET AND FISCAL YEAR:

    1.  Fiscal Year:

      1. The fiscal year of the Association shall be for the school year and following summer September 1- August 31.

    1. Budget

      1. A budget will be presented for adoption by the Representative Council during the preceding May meeting.

      2. If not adopted, it will be presented in revised form for adoption at the next scheduled meeting.

      3. This budget will include revenues and expenditures of the previous year, anticipated income and expenditures of the current year, and proposed income and expenditures for the ensuing year.

  1. AMENDMENTS TO THE BY-LAWS:

    1. These By-Laws may be altered or amended by a majority vote of the Representative Council members present at a regular meeting provided the proposed alteration or amendment shall have been electronically shared with all members via multiple means. Multiple means may include but shall not be limited to, email to Association Presidents, email to Association Representatives, BCEA social media and BCEA website, at least thirty days prior to the date of final action.

Adopted: January 14, 1981  Revised:  November 1983, October 2005, May 2010, January 2018, January 2020