Standard Constitution—With Local Council

[Approved by Provincial Executive Council 2012 06]

Name

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

Boundaries

2. The area served by this local association shall include ____________________ [name school division, county] and ____________________ [name school districts].

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. (1) 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.
(2) A common bond of association as members committed to public education within the Catholic faith may be recognized in a mission statement that may form part of the general bylaws of the local association. Such mission statements shall be (a) not inconsistent with the objects and General Bylaws of The Alberta Teachers’ Association, (b) developed under direction of the local council, (c) approved by a general meeting and (d) subject to review from time to time.

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, ____________________ [state number] of whom shall constitute a quorum.
(1) In the event that quorum is not obtained at a duly called general meeting, the general meeting may be adjourned to a later date or the business of the general meeting shall be conducted at the next meeting of local council.
(2) In the event that the business of the Annual General Meeting is referred to a local council meeting, that local council meeting shall have the authority to deal with such business as though it were a general meeting.
8. A general meeting of this local shall be held [state frequency; at least once a year is the minimum] to hear reports and deal with same, 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 in September by each staff according to the following schedule: ____________________ [eg, one for each ten teachers or major fraction thereof on the staff];
(c) one representative elected by the combined staff of all schools that have four or fewer teachers;
(d) chair and one other representative of the substitute teacher group;
(e) chair of standing committees if not members of the executive committee, local representatives or school representatives; and
(f) convention representatives if not included in (a) through (e).
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 elect or appoint representatives to the district convention association, at least one of whom must be a member of the local professional development committee;
(f) to elect representatives, where appropriate, to the ATA Summer Conference and to other events requiring local representation on an ad hoc basis;
(g) to act upon matters referred to it by an Annual General Meeting as outlined in clause 7.(1) and (2); and
(h) 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 ____________________ [state frequency of meetings].
13. A majority vote of those present shall govern the decisions of the local council unless rules and regulations otherwise decree.
14. ____________________ [state a number or a percentage] of local council members are required to constitute a quorum.

Executive committee

15. The executive committee of this local shall consist of the president, vice-president, past president, secretary-treasurer (or secretary and treasurer) and a communications officer; the communications officer shall be appointed but shall have no voting privileges.
16. The duties of the executive committee shall be
(a) to prepare the agenda of business for all meetings;
(b) to exercise general supervision of the affairs of the local association;
(c) to prepare and 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;
(d) to ensure that all Association moneys are used to further the objects of the Association as set out in the Teaching Profession Act;
(e) to ensure that there is liaison between the local and all employing boards within the local; and,
(f) when time is of the essence, to assume the functions of the local council.
17. The executive committee shall meet ____________________ [state frequency of meetings] or as often as local business requires.

Notice of meetings

18. Notices of intent to hold a general meeting shall be provided to an authorized representative at each school or worksite by the secretary at least ____________________ [state a number of days; fourteen days is the minimum] 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.
(1) Notices of intent to hold a special, local council or executive committee meeting shall be provided to an authorized representative at each school or worksite by the secretary at least [state a number of days; seven days is the minimum] 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 chair of the economic policy committee, 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 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 serve as chief executive officer of the local;
(b) to call and preside at all general, special, local council and executive committee meetings of this local association;
(c) to exercise general supervision over the affairs of this local association; and
(d) to serve as a local representative to representative assemblies.
(3) Vice-president—The duties of the vice-president shall be
(a) to take charge of the affairs of this local association in the absence of the president and
(b) to assist the president in the discharge of duties.
(4) Secretary-treasurer—The duties of the secretary-treasurer shall be
(a) to keep accurate records of all proceedings of this local association;
(b) to prepare, at the direction of the executive committee, an annual budget for the local;
(c) to keep accurate records of all moneys received and collected and to take charge of same;
(d) to prepare an annual financial statement for audit purposes;
(e) to bring before the executive committee of this local association all communications received by the local;
(f) to make the necessary disbursements of the funds of this local association as authorized by the executive committee or local council;
(g) 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; and
(h) to prepare and send notices calling all meetings, whether regular, special, local council or executive committee.
(5) 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.
(6) School representatives—The duties of the school representatives shall include reporting on the activities of the local council to their respective staffs and such other duties as are requested by the local council or The Alberta Teachers’ Association.
(7) 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.

Committees

23. (1) Economic policy committee—There shall be an economic policy committee for each employing jurisdiction in the local. Each economic policy committee shall operate under a frame of reference approved by the local council and subject to ratification by the Provincial Executive Council of The Alberta Teachers’ Association. An amendment procedure shall be specified in the frame of reference.
(2) Negotiating subcommittee—The negotiating subcommittee shall be chosen from and by the economic policy committee. It shall be the duty of this subcommittee to engage in collective bargaining with the board of trustees as per the economic policy committee 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 to assume general responsibility for all professional development activities undertaken by this local association.
(5) Audit committee—The duty of this committee shall be to present an audited annual financial statement to a meeting of local council within three months of the end of the local’s fiscal year. [This committee may be replaced by an independent auditor employed by the local.]
(6) [Add duties for other committees that the local may elect from time to time.]
24. Convention association representatives—The duties of the convention association representatives shall be
(a) to ensure that the local receives the annual budget and the audited financial statement of the convention association,
(b) to represent the local on the convention board,
(c) to liaise with the local professional development committee and
(d) to serve as the communication link between the local and the convention association.

Elections

25. (1) The president, vice-president, secretary-treasurer (or secretary and treasurer), local communications committee and professional development committee shall be elected annually or biennially by a vote of the members of this local.
(2) Each bargaining unit within the local shall elect an economic policy committee.
(3) All persons elected under subsection (1) shall assume office on ____________________ [state date] following their election.
(3.1) All persons elected under subsection (2) shall assume office on ____________________ [state date] following their election or as otherwise specified in the economic policy committee frame of reference.
(3.2) 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.
(3.3) ARA local representatives shall be selected as follows:
.1 by virtue of office, as specified in the local constitution,
.2 as selected by council, first from
(a) executive, then
(b) council, then
(c) others who let their name stand.
(4) A vacancy on the executive committee occurring between annual or biennial elections shall be filled by election of a member of this local association by the remaining members of the executive committee.
(5) Should one or more of the local representatives be unable to fulfill his or her term of office, replacements shall be elected by the local council.

Substitute teachers’ group

26. (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 twelve-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

27. (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 27, an investigated local officer is entitled to have access to an executive 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’s possession or 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

28. The financial year of this local shall be July 1 to June 30.
29. (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.
30. 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.