BY-LAWS

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ARTICLE ONE -- MEETINGS

Section 1 Regular meetings of the Building Association Representative Assembly shall be held on the second Monday of each month; with June, July, and August being optional.

Section 2 Special meetings of the Association may be called by the President, by the Building Association Representative Assembly, or by written petition to the Executive Board of fifty members of the Association, not more than five of whom shall be from one school faculty. Business to come before special meetings of the Association must be stated in the call which shall be sent in writing to each member. A quorum of 1/5 of the Dayton Education Association's membership is required for conducting business or passing resolutions to be referred for action to the Building Association Representative Assembly.

Section 3 Regular meetings of the Executive Board shall be held on the fourth Monday of the month. Special meetings may be called by the President or by five members of the Executive Board.

Section 4 The Executive Board may call meetings of the members for discussion of professional issues.

ARTICLE TWO -- BUILDING ASSOCIATION REPRESENTATIVE ASSEMBLY
(BAR MEETINGS)

Section 1 The elected representatives shall be the delegates to the Building Association Representative Assembly. However, elected alternates, when taking the place of representatives, will be recognized as delegates to the Building Association Representative Assembly. Minority representation shall be provided for by having delegates elected at large to represent the minority in the same proportion as delegates representing the majority of the membership, if the minority representation is less than the proportional membership.

Section 2 The Building Association Representative Assembly shall approve the budget and dues for the Association, act on reports of committees, approve resolutions and other policy statements, and shall adopt procedures for implementing the Code of Ethics of the Education Profession and procedures to be followed in censuring, suspending, and expelling members for cause and for reinstating members.

The Building Association Representative Assembly may adopt the rules governing the employment of staff, the conduct of the Association, and the conduct of meetings which are consistent with this Constitution and By-Laws. Powers not delegated to the Executive Board, the officers, or other groups in the Association shall be vested in the Building Association Representative Assembly.

Section 3 Building Association Representative Assembly Each school shall
be entitled to one (1) representative and one (1) alternate for one (1) to twenty-four (24) active DEA members; two (2) representatives and two (2) alternates for twenty-five (25) to forty-nine (49) members; three (3) representatives and three (3) alternates for fifty (50) to seventy-four (74) active DEA members; and four (4) representatives and four (4) alternates for seventy-five (75) to ninety-nine (99) active DEA members; and five (5) representatives and five (5) alternates for one hundred (100) active DEA members. The Building Chairperson shall be the representative receiving the largest number of votes in the election of representatives and alternates.

Section 4 A majority of the membership present at the Building Association Representative Assembly shall constitute a quorum for the transaction of business. A majority shall be a 50 percent plus one person.

ARTICLE THREE -- DUTIES OF OFFICERS

Section 1 President It shall be the duty of the President to preside at all meetings of the Association, of the Building Association Representative Assembly, and of the Executive Board. Further, he/she shall be ex-officio a member of all committees, shall serve as the Association's representative and spokesperson, either alone or jointly with the Labor Relations Consultant.

Election to the office of President automatically designates that person as an official delegate to the National Education Association, the Ohio Education Association, the Western Ohio Education Association, and the Dayton Education Association Representative Assemblies. The Association shall pay necessary and actual expenses of the President, not otherwise covered by other organizations, as the Executive Board shall recommend.

Section 2 Vice-President It shall be the duty of the Vice-President to represent the President in the latter's absence from any designated meetings; to be responsible for any duties as assigned by the President; to serve as chairperson of the Grievance Committee; to serve as parliamentarian at all DEA meetings; and shall become President if the office of the President becomes vacant.

Section 3 Secretary The Secretary shall be the legal secretary of record for all Association business. The Secretary shall keep accurate minutes of the Representative Assembly and the Executive Board. Copies of these minutes shall be given to each member of the Representative Assembly and the Executive Board and one copy posted in each school. Copies of the minutes of all committees shall be filed with the Secretary and shall become part of the records of the Association.

Effective July 1, 1996, the Secretary shall be responsible for correspondence from outside organizations requesting donations.

Section 4 Treasurer The Treasurer shall pay bills when duly authorized by the Executive Board.

A. Budget approval by the Representative Assembly is not authorization for the treasurer to draw funds.

B. The Executive Board shall not authorize the Treasurer to expend Association funds until the Treasurer presents statements showing availability of funds and vouchers and invoices for the items to be paid.

C. The Executive Board shall not approve the expenditure of any funds that exceeds the amount established by the Representative Assembly when it approves the budget.

D. All checks must be co-signed by the President and the Treasurer. No check shall be signed by either until the expenditure is authorized by the Executive Board.

E. In the event the President is unavailable, the Vice-President may be authorized to sign the checks as co-signer with the Treasurer. In the event the Treasurer is unavailable, the Vice-President may be authorized to sign the checks as a co-signer with the President. No person may be permitted to use a signature stamp for the President, Treasurer, or Vice-President.

F. Effective July 1, 1996, the Treasurer shall be responsible for accurate membership records and dues collections on an ongoing basis.

Section 5 Immediate Past-President The immediate Past-President shall advise the Executive Board and assist the President and committee chairpersons on request.

ARTICLE FOUR -- DUTIES OF THE LABOR RELATIONS CONSULTANT (LRC)

Section 1 The Dayton Education Association is entitled to at least one Labor Relations Consultant. The function and responsibilities of the Labor Relations Consultant are defined in Article 8 of the Master Contract of Professional Staff Union.

Section 2 The Labor Relations Consultant shall work within the policies, procedures, goals and priorities as established by the Association. He/she will assist the President upon request; attend all Executive Board and Building Association Representative meetings; and shall be an ex-officio of all committees. The Executive staff shall at all times be guaranteed the rights of substantive and procedural due process.

ARTICLE FIVE -- DUTIES OF EXECUTIVE BOARD

Section 1 It shall be the duty of the Executive Board to carry out the provisions of the Dayton Education Association Constitution and By-Laws and the directives of the Building Association Representative Assembly; to approve all expenditures; and to make specific recommendations to the Representative Assembly as to policies, programs, and financial matters.

Section 2 The Executive Board shall resolve questions involving constitutional interpretations.

Section 3 The Executive Board (within policies established by the Representative Assembly) may make decisions binding the Association in matters involving negotiations. The Executive Board may delegate its power to negotiate to another committee or representatives.

Section 4 The Executive Board may devise and put into operation measures
consistent with the purpose of the Association or resolutions of the
Building Association Representative Assembly.

Section 5 The Executive Board shall develop workshops and training conferences for all representatives.

Section 6 An Executive Board member cannot hold more than one position
on the Executive Board.

Section 7 The Executive Board shall have the right to recommend to the Labor Relations Consultant's immediate supervisor and the Executive Director of OEA, the dismissal of a Labor Relations Consultant. It will require 2/3 vote of the Representative Assembly to initiate dismissal proceedings against a Labor Relations Consultant.

Section 8 Removal from Executive Board
A. A majority of the Executive Board shall recommend to the
Representative Assembly that an elected or appointed member be removed from office for the following members.

1. Failure of that member to fulfill this required duties
by reason of willful or gross neglect, excessive
absence, or incompetence.

2. Violation of the Code of Ethics of the UEP.

3. Knowingly violated the Constitution of DEA, or
other units of the United Education Professions.

4. Other valid reasons that hinder the effectiveness of
the office or damages the organization.

5. A 2/3 vote of the Building Association Representatives is necessary for removal from office.

B. A recommendation for removal of office may also be
made by:

1. A petition signed by 1/3 of the certified members of the Building Association Representative Assembly.

2. A petition signed by forty percent of the members of
the Association.

3. A 2/3 vote of the Building Association Representatives is necessary for removal from office.

C. Under conditions of A or B of this section, the member shall have the right to appeal to the Building Association Representative Assembly. A 2/3 vote of the Building Association Representative Assembly is necessary for removal from office.

D. If a petition bears the valid signatures of 2/3 of the Association membership, the office shall be declared vacant.


Section 9 In the event of the resignation of the President, his/her withdrawal from the system, removal, or incapacitation, the Vice-President shall succeed to the office of President. If less than one-half of that term is filled the Successor-President may serve three (3) additional consecutive two (2) year terms. If more than one-half of that term is served, the Successor President may run for two (2)
additional, consecutive two (2) year terms. Any other office left vacant by a resignation, withdrawal, removal, or incapacitation, shall be filled by action of the Executive Board.

Section 10 Executive Board members are required to attend all Executive
Board and BAR Meetings unless excused by the President.
Executive Board members are expected to attend all Association
sponsored functions and to support all committee programs.

ARTICLE SIX -- TITLES AND DUTIES OF STANDING COMMITTEES

All elected Chairpersons of standing committees shall hold office for a period of two (2) years and may serve for a maximum of three (3) consecutive terms. All elected Chairpersons are full voting members of the Executive Board. The Chairperson of each standing committee shall leave a written report to the successor. All Committees shall operate under Guidelines adopted by the Building Association Representatives.

Section 1 Public Relations Committee The Public Relations Committee
shall be responsible for maintaining an understanding and a working relationship between the education community and the community at large and for promoting ideas in support of education through the communications media and interested community groups.

Section 2 Human Relations Committee
The Human Relations Committee will be responsible for promoting positive human relations among professional staff, administration, students, parents, and community.

Section 3 Legislative/Political Action Committee
The Legislative/Political Action Committee shall be responsible for legislation affecting the interests of public education, and for encouraging civic responsibility by members. The Committee shall be diligent in informing members about newly enacted legislation
affecting the interests of public education.

Section 4 Negotiations Committee
The Negotiations Committee shall be appointed by the President and Negotiations Chairperson and approved by the Executive Board.

A. The Negotiations Committee shall be responsible for studying the procedure and skill of negotiating, for planning with the President and the Labor Relations Consultant, and the Executive Board those concerns which are to be negotiated, and for handling negotiations with Administrative Officials of the Board of Education.

B. All initial items taken to the negotiating table must be
approved by the majority of the negotiating committee
and must be approved by the Executive Board.

C. No member of the negotiating team or committee, or
any officer, or any Executive Board member, will be
permitted to negotiate to agreement any item currently
scheduled to be negotiated with any member of the Board
of Education, or any member of the school administration.

Section 5 Elections Committee
The Elections Committee shall be responsible for the following elections:

A. Officers of the Dayton Education Association
B. Area Representatives
C. Executive Board Committee Chairs
D. Representatives to the DEA Representative Assembly
E. Delegates to: Western Ohio Education Association Representative Assembly, Ohio Education Association Representative Assembly, and National Education Association Representative Assembly.

Section 6 Instructional Professional Development Committee

The IPD Committee shall be responsible for coordinating DEA's involvement in curriculum matters; for exploring programs designed to foster professional growth; and monitor teacher certification standards, as set forth by the state.

As of July, 1996, this Committee shall have two (2) co-chairpersons for a period of one (1) year, as each person can fulfill his/her term of office. If one of these persons resigns or retirees at the end of this first year term, the position will be filled. (This applies for only the 1996-97 term.)

Section 7 Doris L. Allen Minority Caucus (Minority Involvement Committee)

The Committee shall be responsible for promoting and increasing minority involvement in the Dayton Education Association.

ARTICLE SEVEN -- DUTIES OF THE ASSOCIATION AREA REPRESENTATIVES

Section 1 Each of the five areas of the city shall have one elected representative.

Section 2 The newly elected AAR's shall take office July 1st, and shall hold
office for a period of two (2) years, and may serve a maximum of three (3) consecutive terms within the area represented.

Section 3 The Association Area Representatives shall serve as a coordinator within their area between the President, the Representative Assembly, and the association membership.

ARTICLE EIGHT -- ORGANIZATIONS, MEETINGS AND SPECIAL COMMITTEES.

Section 1 All standing committees shall have at least three (3) members appointed yearly.

Standing committee meetings should be held at least four times a
year. The chairperson of a standing committee serves as a member of the Executive Board. Each committee may, with the approval of the Executive Board, organize special sub-committees and/or task forces for special activities.

Section 2 Special Committees shall be appointed by the President as needed.

ARTICLE NINE -- ELECTIONS

Section 1 The Elections Committee shall be responsible for a secret ballot
election of all elected officers, Association Area Representatives, and NEA, OEA, and WOEA, Convention Delegates, and any issues to be voted on by the Association membership. The Elections Committee shall consist of at least (5) members; and no more than fifteen (15) members, which shall be elected at-large by the Representative Assembly at its' September meeting. This committee shall serve a one (1) year term beginning in September. Any candidate for DEA office may not serve on this committee.

Section 2 Rules for Elections. The Executive Board shall have the power to
make all necessary rules for conducting elections as long as same
are not contrary to these By-Laws.

Section 3 Nominations and Election of Officers, Area Representatives and Committee Chairpersons.

A. The Elections Committee shall provide notice and forms for
Letters-of-Intent by the first Monday in March. Letters-of-Intent must be submitted to the elections chairperson by the
last Friday in March. The elections chairperson shall submit a list of all eligible candidates nominated by Letters-0f -Intent to the April meeting of the Representative Assembly. The Elections Committee shall conduct an election for the officers and committee chairpersons on the Tuesday after the BAR meeting in May.

B. Letters-of-Intent
Any active member in good standing of the Association may submit a Letter-of-Intent for a specific office: President, Vice-President, Secretary, Treasurer, Area Representatives, and Committee Chairpersons. The Letter-of-Intent shall be sent to the chairperson of Elections Committee on or before the date specified by the Elections Committee. Membership in the United Education Profession shall be certified on each letter of intent by the candidates.


C. Additional nominations may be made from the floor at
the April meeting of the Representative Assembly
provided the consent of each nominee has been previously
obtained.

D. The slate of candidates for officers and Area Representatives shall be presented at the April meeting of the Representative Assembly.

E. Candidates, except for the office of President, elected to office shall be those who receive the greatest number of votes for these offices. The President shall be elected by a simple majority of votes cast. (50% + 1)

F. It shall be the responsibility of the Nominating Sub-Committee to attempt to secure a complete slate of candidates. Prior consent of each candidate shall be obtained, and such candidate may/shall have information published the same as other candidates. If there is only one candidate for an office, the single candidate will be elected by acclamation at the April meeting of the Association Representatives.

G. Committee Chairpersons elected in May, 1995 shall be eligible for three (3) two (2) year terms, which would end June 2001. Those committee chairpersons are: Elections Chairperson, Human Relations Chairperson, Legislative Chairperson, and IPD Chairperson. Committee Chairpersons elected in May of 1996 shall be eligible for three (3) two (2) year terms, which would end June 2002. Those committee chairpersons are: Negotiations Chairperson , and Public Relations Chairperson.

H. Conditions of the Election:

1. The elections committee shall publish to the members
brief information on each candidate.

2. The committee shall provide one (1) ballot for each member eligible to vote. Unused ballots must be
returned to the committee chairperson.

3. a. Voting hours shall be thirty (30) minutes before
the opening school time until thirty (30) minutes
following the closing school time.
b. Voting shall be done at the voting location by
secret ballot.
c. Marked ballots shall be placed by the voter into
a sealed ballot box.
d. Members voting shall sign a register certifying that they have voted in the election and this register should become a permanent record of the Association.

e. At the conclusion of the voting, the ballot box
shall be sealed with the names of the Building
Association Representative or his/her designee and at least one other teacher who assisted in the voting.
f. The ballot box shall be brought to the designated
reception center by 5:00 p.m. that same day.
g. Boxes are to be kept under strict security provisions until they are opened.
h. The elections chairperson must receive the unused ballots when the sealed ballot box is brought to the reception center.

4. At 5:15 p.m. the elections committee shall check the registry and ballots as each box is opened. The ballots from all boxes shall be assembled in one pile. Each block of ballots shall be counted by at least two (2) persons.

5. If when a box is opened, there is a discrepancy
between the number of ballots and the number of
signatures on the register, so that the number of ballots
exceeds the number of signatures, these procedures
shall be followed:

a. if there is one (1) excess ballot, one (1)ballot for each affected candidate shall be set aside, the rest counted;

b. if there are two (2) excess ballots, two (2) ballots for each affected candidate shall be set aside, the rest counted;

c. if there are more than two excess ballots, the
number set aside shall be equal to the number of excess ballots.

6. Following the tally of the votes, the ballots will be assembled and kept for one (1) year.

7. The elections committee shall announce the results
(including the tally count) at the conclusion of the tally.

8. a) A run-off election shall be held within two (2)
weeks in the event of a tie vote for any officer
or in the event no candidate for President
received a simple majority of votes cast.
(50% +1)

b) The run-off election for President shall be between
the two Presidential candidates receiving the highest number of votes.

9. A candidate may have an observer present for the
counting of the ballots. A candidate may call for a
re-count when he/she can show just cause.

10. Any Building Association Representative who is elected chairperson of his/her building accepts the responsibility to carry out these election procedures.

Section 4 Election of Building Association Representatives

All BAR's will be elected at the first staff meeting of the school year,
or in the spring of the previous school year. The past or current BAR shall be responsible for conducting the election.

Section 5 Delegates to the National Education Association, or the Ohio
Education Association, or the Western Ohio Education Association
Representative Assemblies.

A. National Education Association -- Names of candidates to serve as elected delegates from the Dayton Education Association to the NEA Convention shall be presented to the elections committee according the requirements of the NEA. Each name shall be on a Letter-of-Intent signed by the candidate. Each candidate shall certify membership in the United Education Profession. The Elections Committee shall be charged with the counting and reporting of the results.

B. Ohio Education Association -- Names of candidates to serve as elected delegates from the Dayton Education Association to the Ohio Education Association Representative Assembly shall be presented to the Elections Committee according to the requirements of the OEA. Each name shall be on a Letter-0f-Intent signed by the candidate. Each candidate shall certify membership in the United Education Profession. Election as an OEA delegate provides automatic delegate status to the Western Ohio Education Association Representative Assembly.

C. Western Ohio Education Association -- Names of candidates to serve as elected delegates from the Dayton Education Association to the Western Ohio Education Association Representative Assembly shall be presented to the Elections Committee according to the requirements of WOEA. These names shall be by Letter-Of-Intent signed by the candidate. The names shall also be by presentation from the nominating committee of DEA. Each candidate shall certify membership in the United Education Profession. No candidate for election as a delegate may be a candidate for election as a delegate to OEA Representative Assembly.

Section 6 The President shall confer with the Executive Board in the determination of the Association's delegates to the Ohio Education
Association Leadership Training Conference and other state and national meetings to which the Association may send delegates. If emergencies arise preventing the President from calling an Executive Board meeting, he shall exercise his best judgment in choosing delegates or alternates.

ARTICLE TEN -- FISCAL PROCEDURES

Section 1 The fiscal year of the Association shall be from September 1 to August 31.

Section 2 All current funds received by the Association shall be deposited at
once in the depositories designated by the Executive Board.

Additional expenses for emergencies (defined as any unforeseen, unexpected, and sudden occurrence) beyond the adopted budget may be approved by the Executive Board.


Section 3 The President shall appoint a Budget Committee from the Executive Board and with the assistance of the Labor Relations Consultant and the Treasurer shall prepare and present a budget for the Association, to be reviewed by the Executive Board at its April meeting and submitted to the May Representative Assembly for review and to the following September RA for final approval.

ARTICLE ELEVEN -- DUES

The annual dues for active members of the Dayton Education Association shall be approved for the subsequent year by the Representative Assembly at or before their May meeting. Members hired any time in the first semester shall pay full dues. Members hired any time in the second semester shall pay 1/2 dues.

ARTICLE TWELVE -- PARLIAMENTARY AUTHORITY

Section 1 The Vice President shall be designated as official parliamentarian.

Section 2 Except as provided in the Constitution and the By-Laws, this Association shall be governed in its parliamentary practice by Robert's Rules of Order, Revised.

ARTICLE THIRTEEN -- PRESIDENT'S SALARY & VICE-PRESIDENT's SALARY

Section 1 President's Salary The DEA President, when serving in a full-time released capacity, will be compensated by the following means: The President's salary shall be placed at Step 20, of the Master's Columns, or above if applicable. (This does not include supplemental salaries). A 30% stipend at Masters Step 20 will be paid to compensate the President for year round responsibilities. (This stipend will be paid on an annual monthly basis.) Health and Dental Insurance will be paid in accordance with the President's selected plan, as defined in the Master Contract.

Section 2 Vice-President's Salary The DEA Vice-President, when serving in a half-time released capacity, will be compensated by the following means. The Vice-President's salary shall be one half of his/her regular salary schedule placement: (This does not include supplemental salaries.) A 15% stipend of one half of Masters Step 20 will be paid to compensate the Vice President for year round responsibilities. (This stipend will be paid on an annual monthly basis.) One half of the Health and Dental Insurance will be paid in accordance with the Vice-President's selected plan, as defined in the Master Contract.

ARTICLE FOURTEEN -- AMENDMENTS TO THE BY-LAWS

These By-Laws may be amended by majority vote at any regular meeting of the
Representative Assembly provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to Representatives at least four (4) calendar weeks in advance of the meeting.

The Provisions of these Amendments to the Constitution and By-Laws shall be in full force and effect upon adoption by the Representative Assembly.