Constitution

 

 

Name
1. The name of this local shall be Elk Island local association of The Alberta Teachers’ Association (the Association or the ATA).

Boundaries
2. The area served by this local association shall include teachers employed by Elk Island Public Schools Regional Division No 14.  

Membership
3. (1) All active members of The Alberta Teachers' Association employed within the boundaries 
         listed in section 2 are members of this local. 
    (2) Subject to approval by the Provincial Executive council of The Alberta Teachers’ Association,
          associate members of The Alberta Teachers' Association who hold the highest category of
          membership available to them and who pay the prescribed local association fee may become
          members of this local association with all rights and privileges of active members. 
 

Objects
4. The objects of this local association shall be to further the objects of The Alberta Teachers’ Association as set out in Section 4 of the Teaching Profession Act and the General Bylaws of The Alberta Teachers’ Association.

Fees
5. This local association shall have the power, subject to approval of the Provincial Executive Council of The Alberta Teachers’ Association, to levy fees for membership in this local association such as are determined from time to time in a general meeting of the local association. Such fees shall be additional to the fees prescribed by the Annual Representative Assembly.

Rules of Procedure
6. The proceedings of all meetings—general, special, local council and executive committee—shall be regulated by the official Rules of Order and Procedure as published in the Members' Handbook 

Organization
7. The governing body of this local shall be a general meeting of its members, 85 of whom shall constitute a quorum.

8. A general meeting of this local shall be held at least once a year to hear reports and deal with same, hold elections, approve and set policy, and deal with such other matters as may arise.  

Local Council
9. There shall be constituted a local council of this local consisting of

            (a) all members of the executive committee;

            (b) school representatives, other than executive committee members, elected by 
                  September by each staff according to the following schedule: one school
                  representative for every 50 teachers or part thereof in that school;

            (c) one representative elected by the combined staff of all schools which have four or fewer
                 teachers;

            (d) local representatives if not members of the executive committee;

            (e) presidents of sublocals who shall be excluded from becoming school representatives

            (f) chair and one other representative of the substitute teacher group;

            (g) chair of standing committees if not members of the executive committee, local  
                 representatives or school representatives; and

            (h) convention representatives if not included in (a) to (g).

10. Members of this local other than members of the local council may attend council meetings and may
speak with approval of the meeting but may not vote. 
 11. The duties of the local council shall be

            (a) to administer the affairs of the local association, including adoption of an audited annual 
                financial statement and approval of an annual budget;

            (b) to elect all ad hoc committees;

            (c) to approve frames of reference for each of its committees;

            (d) to hear reports from committees and decide on action to be taken, if any;

            (e) to appoint representatives to the ATA Summer Conference and to other events requiring
                 local representation on an ad hoc basis; and

            (f) to deal with other matters not inconsistent with this constitution or the General Bylaws of
                The Alberta Teachers’ Association.

12. The local council shall meet a minimum of seven times during the school year.

13. A majority vote of those present shall govern the decisions of the local council unless rules and regulations otherwise decree.

14. Fifty per cent of local council members are required to constitute a quorum.

Executive Committee

15. The executive committee of this local shall consist of the president, three vice-presidents, past president, secretary, treasurer, local communications officer and the chairs of the following committees: TBAC, EPC, NSC and PD.

16. It shall be the duty of the executive committee to prepare the agenda of business for all meetings; to exercise general supervision of the affairs of the local association; to prepare and Elk Island Local   transmit to the head office of The Alberta Teachers’ Association such reports and statements with reference to the affairs of the local association as may be required by the Provincial Executive Council of The Alberta Teachers’ Association; to ensure that all Association monies are used to further the objects of the Association as set out in the Teaching Profession Act; to ensure that there is liaison between the local and all employing boards within the local; and, when time is of the essence, to assume the functions of the local council.

17. The executive committee shall meet monthly from September to June or as often as local business requires.

Notice of Meetings

18. Notices of intent to hold a general, special, local council or executive committee meeting shall be provided to an authorized representative at each school or worksite by the secretary at least five school days before such meeting is to be held, and such notices shall include an outline or agenda of business to be discussed at the meeting, provided, however, that any meeting may, by a two-thirds vote of the total number of members on the roster, waive notice of a meeting or of any motion brought before the meeting.

19. Meetings of this local association or of any bargaining unit(s) within the local shall be called by the president, or on the request of the executive committee or the local council, or on the written request of 10 members of the local, or at the request of the representatives to the regional economic policy committee or chair of the economic policy committee, as applicable, or at the request of an ATA officer or of the district representative of whose district this local association forms a part.

20. A record shall be kept of all those attending general, special, local council and executive committee meetings of this local.

21. An ATA officer of or district representative of whose district this local forms a part may attend and participate in any meeting (general, special, local council or executive committee) of this local association.

Duties of Officers

22. (1) An ATA officer shall not vote. A district representative shall not vote except at a general meeting of a local of which the representative is a member.

 

(2) President—The duties of the president shall be

            (a) to call and preside at all general, special, local council and executive committee meetings  
                 of this local association;

            (b) to exercise general supervision over the affairs of this local association;

            (c) to serve as a local representative to representative assemblies; and

            (d) to serve as a member of TBAC and ex-officio member of all other local committees.
                Elk Island

            (e) to serve as chief executive officer of the local 

(3) Vice-Presidents—The duties of the three vice-presidents shall be allocated by the executive as outlined below

            (a) to take charge of the affairs of this local association in the absence of the president,

            (b) to assist the president in the discharge of duties,

            (c) to act as chair of the local representatives committee,

            (d) to act as chair of political action committee,

            (e) to act as chair of nominations committee and

            (f) to serve as a local representative to representative assemblies.

(4) Secretary—The duties of the secretary shall be

            (a) to keep accurate records of all proceedings of this local association;

            (b) to bring before the executive committee of this local association all communications
                  received by the local;

            (c) to prepare and send to the head office of The Alberta Teachers’ Association such
                 statements and reports as may be required from time to time;

            (d) to prepare and send notices calling all meetings, whether regular, special, local
                  council or executive committee; and

            (e) to serve as a local representative to representative assemblies.

 
(5) Treasurer—The duties of the treasurer shall be

            (a) to prepare at the direction of the executive committee, an annual budget for the local;

            (b) to keep accurate records of all monies received and collected and to take charge of same;

            (c) to prepare an annual financial statement for audit purposes;

            (d) to make the necessary disbursements of the funds of this local association as
                 authorized by the executive committee or local council; and

            (e) to serve as a local representative to representative assemblies.

(6) Local representatives—The duties of each local representative of this local association shall be

            (a) to represent this local association at all representative assemblies of The Alberta
                 Teachers’ Association,

            (b) to report the proceedings of all representative assemblies to the local council and to such
                other gatherings as may be decided,

            (c) to attend meetings of the local council of this local association and

            (d) to attend general meetings of this local association.

(7) School representatives—The duty of the school representatives shall be

            (a) to represent their staffs at all meetings of the local,

            (b) to report on the activities of the local council to their respective staffs and

            (c) such other duties as are requested by the local council or The Alberta Teachers'  

(8) Local communications officer—It shall be the responsibility of this officer to carry out a communications program with the teachers in the local and between the local and its various publics.
All actions of this officer shall be subject to prior approval by the executive of the local involved.

(9) Past-president—The duties of the past-president shall be

            (a) to advise and assist the president in the execution of duties as required,

            (b) to serve as a local representative to representative assemblies and

            (c) to be the chief returning officer for elections.

Committees

23.(1) Economic policy committee (EPC)—The duties of this committee shall be

            (a) as outlined in the frame of reference for the EPC.

(2) Negotiating subcommittee (NSC)—The negotiating subcommittee shall be chosen as outlined in the frame of reference. (3) Local communications committee—The duty of this committee shall be to render all assistance required by the communications officer to facilitate both internal and external communications.

(4) Professional development committee—The duty of this committee shall be

            (a) to assume general responsibility for all professional development activities including
                 convention undertaken by this local association,

            (b) to be responsible for the teachers institute day,

            (c) to elect representatives from within the committee to serve on the convention board and

            (d) to assume other duties as specified by the executive.

(5) Nominating committee—The nominating committee will consist of a vice-president and two other members of the local selected by the executive for a one-year term. The duties of the nominating committee shall be

            (a) to determine which elected local council terms will be expiring,

            (b) to ensure that at least one candidate is nominated to fill each vacant position and

            (c) to report the names of the candidates at the local council meeting prior to the annual
                 general election meeting.

(6) Local representative committee—The duties of this committee shall be

            (a) to study and report on resolutions of the annual representative assembly;

            (b) to study and gather data on issues relevant to this local association and prepare
                 resolutions for the annual representative assembly; and

            (c) to receive and consider resolutions for the annual representative assembly from Elk Island   
                
members of this local association, forward them to the secretary who, subject to the
                 approval of local council, will forward them to the head office of The Alberta Teachers’
                 Association.

(7) C T DeTro Memorial Fund Committee—The duties of this committee shall be

            (a) to receive and consider all applications for funds,

            (b) to disburse funds in accordance with the frames of reference of the committee.

  (8) Teacher Board Advisory Committee (TBAC)—The duties of this committee shall be

            (a) to elect a chair who will also be a member of EPC and NSC;

            (b) to report to local council each month;

            (c) to act as a liaison between the teachers of the local, senior administration and the board;  
                 and 
            
(d) to select members of the committee to sit at the consultation committee of the board
                 and help review policy, and react to policy developed by central office and the board.

(9) Such other committees as the local may appoint from time to time. Elections

24. (1) The president shall be elected biennially by the members of the local not later than June 15 of the election year.

(2)        (a) The vice presidents, secretary, treasurer, local communications officer, shall be elected
                 annually by a vote of the members of this local.

            (b) The professional development committee, local representatives committee and TBAC shall
                  be elected in accordance with each committee's frame of reference.

(3) The bargaining unit shall elect an economic policy committee in accordance with the approved frame of reference.

(4) Members of committees shall be elected in accordance with the frame of reference of the respective committees, not later than June 15 of each year.

(5)       (a) All persons elected under subsections (1) (2) and (4) shall assume office on July 1
                following their election,

            (b) EPC members shall take office consistent with the committee's frame of reference.

            (c) Convention association representatives shall be elected (or appointed) in the number 
                 prescribed by the convention association to assume duties not later than April 1 of each year.

(6) A notice calling for nominations of all table officers shall be sent to each school representative by the nominating committee not less than 60 days before the day fixed for elections. Elk Island Local   (7) Any active or associate member of the local may nominate a candidate for election as a table officer.

(8) A notice identifying the candidates for table officers shall be distributed by the nominations committee to local council representatives at least 30 days before the day fixed for the election. (9) The past-president shall act as the chief returning officer. (10) A vacancy on any committee occurring between annual elections shall be filled by appointment of a member of this local association by the members of the executive committee.

(11) Should one or more of the local representatives be unable to fulfill their term of office, replacements shall be appointed by the executive. Sublocals

25. This local shall have such sublocals as are required by the members of this local and approved by local council.

26. Each sublocal shall operate under a constitution that must be approved by the local council and ratified by the Provincial Executive Council of The Alberta Teachers’ Association. 27. The powers and duties of each sublocal shall be as shown in its constitution.

Substitute teachers group

28.(1) At the request of 10 or more substitute teacher members, this local shall organize a substitute teacher group.

(2) Those eligible for participation in the group shall be members who substituted for one of the employing jurisdictions included in the local for at least one day during the previous 12-month period.

(3) An appropriate budget for the group shall be established.

(4) The frame of reference for the group shall be as follows:

            (a) Its objects shall be to advance the professional skills and knowledge unique to substitute
                 teaching and to advance within the local the special interests of substitute teachers.

            (b) It shall have at least one general meeting per year.

            (c) It shall elect a chair, a vice-chair, a secretary-treasurer, and two members-at-large to
                 an executive which shall be responsible for organizing activities to promote the objects 
                of the group.

            (d) Its executive shall present to the local an annual report of its activities and of the 
                  disbursement of its funds.

 

Provincial Association Intervention

29. (1) In this section

            (a) investigated local officer means a local officer whose conduct is under investigation
                pursuant to subsection (2);

            (b) investigator is the individual appointed by the table officers pursuant to subsection (2);

            (c) local officer means the president, vice-president, past president or secretary-treasurer
                (or secretary or treasurer) of a local association or any other officer appointed or elected 
                by a local association;

            (d) Provincial Executive Council means the executive council as defined in section 11 of the 
                 Teaching Profession Act;

            (e) table officers means the Association’s officers as defined in Bylaw 35;

            (f) executive secretary means the chief executive officer of the Association or a person
                designated by the executive secretary; and

            (g) staff officer means a member of executive staff designated by the executive secretary.

 

Suspension or Removal from Office of Local Officers

(2) Where the table officers have or receive information which leads them to believe that a local officer

            (a) has neglected his or her duties to the extent that the proper operation of the local
                 association is being negatively affected,

            (b) is mentally incapacitated,

            (c) is engaging in corrupt practices,

            (d) is engaging in financial malpractice or

            (e) has undertaken activities inconsistent with the principles and policies of the Alberta

Teachers’ Association,

the table officers may initiate an investigation into the conduct of the local officer by appointing an individual to conduct an investigation and to provide a written report to the table officers within a specified time with respect to the results of the investigation.

(3) In the course of the intervention under section 29, an investigated local officer is entitled to have access to a staff officer for advice. (4) The table officers may, taking into account the nature of the alleged conduct, the urgency of the matter in question and any submission from the investigated local officer, suspend an investigated local officer from office pending the completion of the investigation and may terminate the suspension at any time if the table officers conclude that the suspension is no longer warranted.

(5) The table officers may appoint another individual to assume the duties of the investigated local officer during the period of the suspension.   

(6) The investigated local officer may appeal a suspension from office under subsection (4) to the Provincial Executive Council by filing a notice of appeal with the executive secretary within 30 days of being notified of the suspension.

(7) If an investigated local officer appeals his or her suspension, Provincial Executive Council shall, as soon as practicable, consider representations of the table officers and the investigated local officer and shall determine if the suspension should be continued pending the conclusion of the investigation or should be set aside. (8) During the investigation the investigated local officer shall be provided with an opportunity to provide a response to the investigator with respect to the concerns about the investigated local officer’s conduct. (9) An investigated local officer may, in the course of the investigation, submit his or her resignation to the executive secretary.

(10) Where an investigated local officer resigns in accordance with subsection (9), the investigation shall be continued with the cooperation of the investigated local officer, and the resignation does not extinguish any liability that the investigated local officer may have with respect to acts which occurred during the period the office was held.

(11) The investigated local officer has a duty to cooperate during the investigation and the investigator may direct the investigated local officer or any other member of the Alberta Teachers’ Association to

            (a) answer any inquiries the investigator may have relating to the investigation;

            (b) produce any records or other property in the investigated local officer’spossessionor under 
                 his or her control that are or may be related in any way to the investigation;

            (c) give up possession of any record for the purpose of allowing the investigator to make a copy
                 and return the records within a reasonable time of receiving the records; and

            (d) attend before the investigator for the purpose of complying with (a), (b) or (c) of this         
                  subsection.

(12) In the event that the investigated local officer fails or refuses to cooperate with the investigator, the failure to do so shall be noted by the investigator in his or her report to the table officers.  

(13) Upon completion of the investigation, the investigator shall submit a written report to the table officers and a copy of the written report shall be provided to the investigated local officer.

(14) The table officers, upon consideration of the report of the investigator, may make one or more of the following orders:

            (a) remove the investigated local officer from office;

            (b) restrict the investigated local officer’s eligibility for office in the future;  

            (c) if the investigated local officer was suspended during the investigation, reinstate the
                  investigated local officer to office and impose any conditions or restrictions that the table
                  officers consider appropriate in the circumstances;
and shall advise the investigated local
                  officer and Provincial Executive Council of their decision. 
 

(15) If the table officers remove the investigated local officer from office, then the table officers may appoint another individual to assume the duties of the investigated local officer until a new local officer is elected or appointed to the position in accordance with this constitution.

(16) The investigated local officer may appeal the decision of the table officers under subsection (14) by filing a notice of appeal with the executive secretary within 30 days after being notified of the decision.  

(17) If an investigated local officer appeals the decision of the table officers, Provincial Executive Council shall, as soon as practicable, consider representations of the table officers and the investigated local officer and shall determine if the decision of the table officers shall be confirmed, varied or set aside.

(18) In an appeal under subsection (7) or (17), the table officers may make submissions to Provincial Executive Council respecting the outcome of the appeal.  

Official Trustee

(19) Subject to a two-thirds majority vote, Provincial Executive Council may appoint an official trustee to conduct the affairs of the local, subject to any terms and conditions the Provincial Executive Council considers necessary:

            (a) when a local council fails to comply with the requirements of section 11;

            (b) when the Provincial Executive Council considers it in the interests of the Association to
                
do so.

(20) The local may appeal the appointment of an official trustee to a representative assembly.  

(21) An official trustee appointed under subsection (19) has the powers and duties conferred by the General Bylaws on a local and conferred by this constitution.

(22) On appointment of an official trustee to the local association, the officers of the local cease to hold office as officers of the local.  

(23) An official trustee continues in office until the Provincial Executive Council or a representative assembly determines that the official trusteeship is no longer necessary.

General

30. The financial year of this local shall be July 1 to June 30.  

31. (1) This local association shall reimburse members acting on its behalf for all necessary out-of-
      pocket expenses. 
  
     (2) This local association shall pay all expenses as determined and authorized by the local council.  

32. Amendments to this constitution may be made after a two-month notice of motion by a two-thirds vote at a general meeting of this local association, subject to ratification by the Provincial Executive Council of The Alberta Teachers’ Association.

   

Ratified by Provincial Executive Council; 1994 12 03

Ratified by TOC on behalf of PEC ;1995 02 06, 2011 11 09

Revised as per PEC requirements; 2008 11 18

Ratified by Table Officers on behalf of PEC;  2011 12 13

Ratified by Provincial Executive Council; 2012 06 14-15

                                       c