Standard Student Local Constitution

[Approved by Provincial Executive Council 2013 10]

Name

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

Membership

2. (1) All student members in teacher preparation institutions at ________________________ [state name].
(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 but they shall not vote or hold office in this student local.

Objects

3. 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

4. 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

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

General assembly

6. The governing body of this local shall be a general meeting of its members, ___________ [state number 10 per cent is a minimum] 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 the executive committee.
(2) In the event that the business of the Annual General Meeting is referred to an executive committee meeting, that executive committee meeting shall have the authority to deal with such business as though it were a general meeting.
7.
A general meeting of this local shall be held _____________________________________  [state frequency; at least once a year is the minimum] to hear/deal with reports, including an annual audited financial statement and an annual budget, approve and set policy, and deal with such other matters as may arise.

Executive committee

8. The executive committee of this local shall consist of the president, vice-president, past president, secretary-treasurer (or secretary and treasurer) and such others as may be decided by a general meeting.
9. _____________________ [state mumber; eg, over one-half] members of the executive committee shall constitute a quorum.
10. The duties of the executive committee shall be
(a) to act as the administrative body of the local;
(b) to prepare the agenda of business for all meetings;
(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 the postsecondary institution;
(f) to appoint ad hoc committees and prepare frames of reference for same;
(g) to elect such ad hoc committees as it deems necessary;
(h) to prepare a frame of reference for all committees of the local; and
(g) to act upon matters referred to it by an Annual General Meeting as outlined in clause 6. (1) and (2).
11. The executive committee shall meet __________________________________________ [state frequency of meetings] or as often as local business requires.

Notice of meetings

12. (1) Notices of intent to hold a general meeting shall be provided to members 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.
(2) Notices of intent to hold a special or executive committee meeting shall be provided to members 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.
13. Meetings of this local association shall be called by the president or on the request of the executive committee or on the written request of 10 members of the local or at the request of an ATA officer.
14. A record shall be kept of all those attending general, special and executive committee meetings of this local.
15. An ATA officer may attend and participate in any meeting (general, special or executive committee) of this local association.

Duties of officers

16. (1) An ATA officer shall not vote.
(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 and executive committee meetings of this local association and
(c) to exercise general supervision over the affairs of this local association.
(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;
(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 or executive.
(5) [Add duties for other officers.]

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Committees

17. [Add committees as determined by the local.]

Elections

18. (1) The president, vice-president, secretary-treasurer (or secretary and treasurer) shall be elected annually by a vote of the members of this local association.
(2) All persons elected under subsection (1) shall assume office on _______________  [state date] following their election.
(2.1) ARA local representatives shall be selected as follows:
.1 by virtue of office, as specified in the local constitution,
.2 as selected by executive, first from
(a) executive, then
(b) others who let their name stand
(3) A vacancy on the executive committee occurring between annual elections shall be filled by election of a member of this local association by the remaining members of the executive committee.

Provincial Association Intervention

19. (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) executive 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 investigation under section 19, 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’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 the executive committee of a local fails to comply with the requirements of section 10;
(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

20. The financial year of this local shall be July 1 to June 30.
(1) This local association shall pay all expenses as determined and authorized by the executive committee.
21. 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.