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Proposed Bylaw Changes for General Council 2009 Bylaws

This document proposes changes to the bylaws of the Association, including the deletion of certain sections and renumbering others, to reflect the responsibilities of affiliated organizations and to clarify the Association's role as a service provider.

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Proposed Bylaw Changes for General Council 2009 Bylaws

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  1. PRESENTS

  2. PROPOSED BYLAW CHANGES FORGENERAL COUNCIL 2009

  3. BYLAWSARTICLE II: PURPOSE & OBJECTIVES

  4. Article II: Purposes and Objectives Section 1. Purposes of the Association (b) The Association shall represent organized employees participating collectively in the mutual formulation of wages, hours, working conditions and retirement benefits except and to the extent such representation rights have been transferred to a duly chartered affiliate organization. • Section 1(b) is being deleted because the affiliates are exclusively responsible for member representation. • Section 1(c) should be re-lettered to reflect Section 1(b).

  5. Article II: Purposes and Objectives Section 2. Objectives of the Association The Association is established to provide service to and support the affiliates/divisions in their effortsorder to: • The addition of language in this Section shows that CSEA is a service provider to the affiliates.

  6. Article II: Purposes and Objectives Section 3. Right to Organize, to Negotiate Collectively, and to Represent Members The Association and its members have earned, and they expect and demand, that government recognize the right of organized employees to participate collectively in the mutual formulation of wages, hours and other terms and conditions of employment for submission by agreement and with bilateral recommendation to the legislature, in all instances where legislative action is constitutionally required and otherwise for settlement through direct agreement or by the aid of fact-finding, mediation, conciliation, arbitration, or such other negotiating techniques as may be mutually acceptable. Notwithstanding any other provisions of these Bylaws, the Association shall retain the right to represent its members in all matters of labor conflict resulting from the failure of any of the provisions in this section to achieve their desired result, providing however, that all related procedures of the Association and divisions/affiliates have been complied with. • The language in Section 3 is unnecessary because, again, the affiliates have full responsibility for member representation. • Section 4 should then be re-numbered to reflect Section 3.

  7. Article II: Purposes and Objectives Section 43. Areas of Responsibility (a) Association Responsibility (a) The Association shall be primarily responsible formatters on which it is necessary, advisable, or advantageous to the members of the divisions/affiliates of the Associationto take a common stand to securesecuring the greatest possible benefits for active and retired state employeesaffiliate/division members. • (b) Affiliate/Division Responsibility • (c) Mutual Responsibility • (d) Association Responsibility to Non-Association Organizations • Changes to this Section show CSEA as a service provider and give the affiliates complete autonomy. • Sub-section letter is to be deleted and new descriptive headings set forth.

  8. Article II: Purposes and Objectives Section 6. Supervisory, Management, and Confidential Personnel The interests of supervisory, management, and confidential personnel shall be provided for by the Association through the Association of California State Supervisors, Inc., in its representation, so far as permitted by law, and such representation shall be accomplished without placing members or the Association in a conflict of interest position. • Section 6 is being deleted because the Supervisory, Management & Confidential personnel are the exclusive responsibility of the affiliates. • Section 7 should then be renumbered to reflect Section 6.

  9. BYLAWSARTICLE III: MEMBERSHIP

  10. Article III: Membership Section 12. Discipline Members of affiliates may be disciplined as provided in the bylaws of their respective affiliates, subject to applicable law. Members of affiliates may be disciplined by three-fourths vote of the Board of Directors, for the violation of Association policies and procedures, in accordance with rules established by the board as specified above, and subject to applicable law. Membership which is terminated by an affiliate shall also be terminated by the Association. • Language is being removed in the second paragraph of Section 12, and new language added to reflect affiliate autonomy.

  11. Article III: Membership Section 14. Membership Reinstatement Membership (of those who are not members of an affiliate) which was terminated by the Association under Article III, Section 12, may be restored by a three-fourths vote of the Board of Directors be restored. Membership which was terminated by an affiliate may be reinstated as provided in the bylaws or policies of their respective affiliates, subject to applicable law. • Additional language in Section 14 clarifies when Association membership can be reinstated.

  12. BYLAWSARTICLE IV: GOVERNANCE

  13. Article IV: Governance Section 1. Board of Directors (b) Powers (4) Affiliation Agreements The authority to negotiate and approve the affiliation agreement between CSEA and SEIU is vested in the full Board of Directors. Administration and enforcement of that agreement, unless specifically reserved by the board, shall be the responsibility of the rank-and-file members of the board who, acting as a committee of the board, shall act on behalf of the full board. • The deletion of Section 1(b)(4) reflects rank-and-file affiliates autonomy in relationship with SEIU International. • Section 5 should be renumbered to reflect Section 4.

  14. Article IV: Governance Section 1. Board of Directors (c) Division Committees of the Board of Directors The division director and two deputy division directors shall constitute a division committee of the Board of Directors with final authority to act on behalf of the board on matters delegated to it by the board with respect to its division. The affiliate president(s) and the director elected by the class which belongs to such affiliate shall constitute an affiliate committee of the board with final authority to act on behalf of the board on matters delegated to it in connection with the affiliate which it represents. • The addition of the word “two” in Section 1(c) reflects prior change to the composition of division officers on the CSEA Board. • The deletion of language in this Section reflects autonomy of affiliates and existing practice.

  15. Article IV: Governance Section 2. Officers (b) Duties (1) The President: a. represents the membership of all divisions/affiliates of the Association; • Removal of Section 2(b)(1)(a) is because CSEA no longer represents members, that is the exclusive responsibility of the affiliates. • All following Sub-sections should then be re-lettered accordingly.

  16. Article IV: Governance Section 2. Officers (b) Duties (1) The President cb. is responsible for directing the general manager of headquarters staff in carrying out the established policies and programs of the Association and acts as the primary contact between the general manager and the Board of Directors; • The addition of language in Section 2(b)(1)(c) reflects existing practice and role of the President in relation to the General Manager. • As stated in the previous Section, all remaining sub-sections should then be re-lettered accordingly.

  17. Article IV: Governance Section 2. Officers (b) Duties (1) The President dc. exercises responsibilitiesgives direction to the general manager concerning collective bargaining with the recognized organization representing the majority of the members of headquarters and affiliate/division staff on all matters relating to wages, hours, benefits, and working conditions as described in Article XV, Section 3; • Changes to Sub-section (2)(b)(1)(d) describes the new role in negotiations with the staff union.

  18. Article IV: Governance Section 2. Officers (b) Duties (1) The President fe. coordinates the staffing and affiliate/division appointments of Association committees and appoints and removes members of all committees, except the Governmental Affairs Committee, ex-officiomembers of the Fiscal Committee and division/affiliate committees of the Board of Directors and those established by divisions/affiliatesis empowered to remove any Association committee member, subject to the power of the Board of Directors to disaffirm any such appointment or removal as provided for in Bylaws Article XI, Section 4; • Changes in Section 2(b) (1)(f) reflects affiliate autonomy in representation on Association Committees. • NOTE: Article XI will be renumbered to read Article X after General Council.

  19. Article IV: Governance • Section 2. Officers (b) Duties (1) The President j. is responsible for any Association committees or programs relating to political action. • The addition of Sub-section “j.” assigns a task to the President that was formerly held by the Executive Vice President.

  20. Article IV: Governance Section 2. Officers (b) Duties 2. The Vice President b. is responsible for Association committee activities and programs relating to legislation and political action and Bylaws, policies and procedures, Member Benefits and assisting in the creation of subsidiary entities and marketing of services;and • The changes in Section 2, (b)(2)(b) removes the political duties, but assigns the new duties of overseeing benefits, subsidiaries and marketing to the Vice President. • The Vice President’s prior duties in relation to political action has been shifted to the President. • Sub-section “c.” has been added to encompass other duties as assigned.

  21. Article IV: Governance Section 2. Officers (b) Duties (3) The Secretary-Treasurer: 7. overseeing all Association elections; and • The addition of a new Sub-section 7 assigns a task which was formerly held by the Executive Vice President. • The old Sub-section 7 should then be renumbered to reflect Sub-section 8.

  22. Article IV: Governance Section 7. Representation Training All Association officers, division council members, affiliate officers and directors, and bargaining unit council members, who are actively employed are required to attend the appropriate basic representation training course. No member may be excluded from running for office or being appointed to any of the above-mentioned positions if he/she has not completed the training course. Notwithstanding, the newly elected or newly appointed member must complete the training within the first six months of the term of office. • The deletion of Section 7, gives the affiliates autonomy in the training of rank-and-file members. • Section 8, should then be renumbered to reflect Section 7.

  23. BYLAWSArticle V: Elections and Terms of Office

  24. Article V: Elections and Terms of Office Section 1. Association Officers (c) Term The officers of the Association shall be elected in odd-numbered years for twothree-year terms. Commencing in the year 2009 and thereafter, the offices of the Association shall be elected for three-year terms. • The changes in Section 1 (c) changes the General Council to a three-year cycle and removes obsolete language.

  25. Article V: Elections and Terms of Office Section 3. Affiliate/Division /Affiliate Officers Division/Affiliate/division officers shall be elected/appointed in accordance with procedures and for terms set by the appropriate affiliate/division. Directors appointed by affiliates and directors elected by classes which belong to affiliates are selected and elected, respectively, in accordance with procedures established by each such affiliate. • Deletions in Section 3 is because the language is provided for in the affiliate bylaws and this change will provide the affiliates autonomy.

  26. Article V: Elections and Terms of Office Section 3. Affiliate/Division/Affiliate Officers (b) Term The terms of office for division/affiliate officers shall be as set forth in division/affiliate bylaws and/or policy. If a division/affiliate does not set a specific term of office then the term for any division/affiliate officer who will be a delegate by virtue of holding such office shall be for three years. In the year 2009 and thereafter the division/affiliate officers shall be elected for three-year terms unless the division/affiliate provides otherwise. • The language in Section 3, Sub-section (b) is also provided for in the affiliate’s bylaws. As in Sub-section (a) this deletion will provide affiliate autonomy.

  27. BYLAWSArticle VI: The Chapter/DLC

  28. Article VI: The Chapter/DLC Article VI: The Chapter/DLC Affiliates/divisions may organize themselves geographically or otherwise in chapters/DLCs. The boundaries of such chapters/DLCs shall be determined by the affiliates/divisions. • Affiliates have autonomy when organizing themselves into chapters and/or DLCs.

  29. Article VI: The Chapter/DLC Section 1. Description (a) The basic membership group of the Association is the chapter/DLC. Members of unincorporated classes shall belong to chapters/DLCs of the Association; members of classes who belong to an affiliate shall belong to such chapters/DLCs, if any, as such affiliate may require., but not to any chapter/DLC of the Association. The provisions of this article, and all other provisions of these Bylaws pertaining to chapter/DLCs, apply only to chapters/DLCs of the Association. (b) A chapter/DLC of the Association is an autonomous organization of persons with a community of interest qualified for membership in the Association, which holds an unrevoked charter signed by the president and secretary-treasurer, issued by authority of the appropriate division/affiliate and under the seal of the Association. • Section 1(a) and (b) are being deleted, it is set forth in the affiliate bylaws. This Article was outdated with the creation of divisions, then affiliates. • Obsolete language should be deleted as membership in CSEA was through the chapter structure.

  30. BYLAWS Article VII: The Region

  31. Article VII: The Region This Article, Sections 1 through 4 is deleted in its entirety and all subsequent Articles renumbered • This Article is being deleted in its entirety because the Association is no longer divided into geographic regions for administrative purposes, the division of an affiliates members is the exclusive responsibility of the affiliate.

  32. BYLAWS Article VIII: Divisions and Bargaining Units

  33. Article VIII: Divisions and Bargaining Units Section 6. Membership in Bargaining Unit Councils (a) A bargaining unit council consists of active members elected by the bargaining unit members, or as provided by contractual agreement, to act on behalf of the Association, its officers, members, chapters/DLCs, and regions, along occupational lines in matters pertaining to the scope of representation, under the State Employer-Employee Relations Act, the Higher Education Employer-Employee Relations Act and other laws relating to the representation of employees, subject to rules and regulations established by the appropriate division committee of the Board of Directors. Bargaining unit councils shall cover specific occupational groups. (b) The number of bargaining unit council members shall be determined by the appropriate rank-and-file division council. Term of office and filling of vacancies shall be under rules prescribed by the appropriate rank-and-file division council. • Section 6, Subsections (a) and (b), have obsolete language that needs to be removed. The affiliate has exclusive authority for rank-and-file member representation. • The following Sections should be renumbered accordingly.

  34. Article VIII: Divisions and Bargaining Units Section 76. Authority of Bargaining Unit Councils (b) A bargaining unit council may establish subcommittees of the council by vote of the council, to work with the occupational groups within the council. Unit councils may also be formed by contractually established agreement pursuant to rules and regulations established by the appropriate division council. • Section 7(b) has obsolete language and should be deleted as the affiliate/divisions have exclusive authority for member representation. • Section 8 should be renumbered accordingly.

  35. BYLAWS Article IX: Affiliated Organizations

  36. Article IX: Affiliated Organizations Section 6. Services to be Provided (c) Service Contract The Association and each affiliate shall enter into a service contract every two three years, for a term co-extensive with the two three fiscal years of the Association that coincide with adoption of the Association budget,. except that in the year 2000 they shall enter into a three-year service contract and thereafter beginning with the year 2003 they shall enter into a service contract every two years. Any modification in Association staffing during the term of the contract shall be done in accordance with the existing staff contract. No later than 180 days before the end of the then-current service contract, each affiliate shall notify the Association of the kind and amount of services the affiliate needs for the forthcoming twothree years. …. • Changes to Section 6(c) reflect the three year cycle for General Council . Also, the CSEA Board is responsible for central support staff and affiliates are delegated the responsibility for affiliate staffing.

  37. BYLAWS Article X: General Council

  38. Article X: General Council Section 2: Membership Roll (a) delegates and alternates elected by chapters/DLCs for each 100200 members then belonging to such chapter/DLC or major fraction thereof, except that no chapter/DLC shall have less than onetwo delegates. …. • Change in delegate ratio. Minimum number of delegates per chapter/DLC is increased to 2.

  39. Article X: General Council Section 4. Delegate Elections and Terms (b) Terms (1) Chapter/DLC Delegates General Council chapter/DLC delegates have twothree-year terms, beginning at the opening ceremonies of General Council and continuing until their successors are installed. Commencing in the year 2009, and thereafter, the chapter/DLC delegates shall have three-year terms. • The changes to Section 4(b)(1) brings it into alignment with the three-year cycle for General Council.

  40. BYLAWS Article XI: Committees

  41. Article XI: Committees Section 4. Appointments Except for the Committee on Nominations,Governmental Affairs Committee, ex-officio members of the Fiscal Committee and division/affiliate committees, as declared and qualified in Article IV, Section 2 (b) (1) f, or as otherwise provided in these Bylaws, the presidentshall appoint persons to all Association committees. Divisions/ aAffiliates/divisions will appoint nominate all persons who are to be considered for an appointment to an Association standing committees as a representatives of the particular division/affiliate/division., subject to the right of the president to veto a particular nominee, in which case the division/affiliate shall nominate another person for consideration. The president is empowered to remove a committee member for failure to perform the duties, or for a conflict of interest, or at the request of the represented division/affiliate/division. subject to the majority vote of the Association Board of Directors. • Changes to Section 4 reflects affiliate autonomy in choosing persons representing a particular affiliate on CSEA Committees. It also retains ability of the President to remove a Committee member for cause.

  42. BYLAWSArticle XII: Political Action

  43. Article XII: Political Action Section 1. Political Endorsements (b) The Board of Directors shall have exclusive authority to adopt rules and standards in the name of the Association for the support of or opposition to political candidates, political appointments, propositions, initiatives, legislation or ballot measures, and any such rules and standards shall be reasonable and commensurate with the aims, objects, goals, fiscal limitations, and in the best interests of the membership, the affiliates/divisions and the Association. • Because Sub-section (b) will be the only paragraph under Section 1, the Sub-section letter should be deleted. • This paragraph reflects the nature of CSEA as a service provider to the affiliates and affiliate autonomy in political action. CSEA will only take political action when it is in the best interest of the members and affiliates.

  44. Article XIII: Dues and Fees Section 1. Annual Dues and Fees The annual dues and/or fees payable by members of affiliates/divisions shall be set by their respective affiliate/divisions. Section 2. Dues and Fees Requirement Each member is required to pay dues or fees except that the appropriate division may declare a moratorium on the payment of dues and fees by its members or may reduce the annual dues and fees on a temporary or permanent basis. Dues and fees are not refundable. • Section 2-5 should be deleted because affiliates are responsible for dues and fees. Division dues are addressed in Section 1 of this Article.

  45. BYLAWSArticle XIV: Financial Operations

  46. Article XIV: Financial Operations Section 5. Association Indebtedness No loan in excess of $50,000 shall be contracted on behalf of the Association, and no evidence of indebtedness shall be issued in its name, unless authorized by the Board of Directors. Such authorization may be general or confined to specific instances. Loans so authorized may be effected at any time for the Association from any bank, trust company or other institution, or from any firm, corporation or individual. All bonds, debentures, notes and other obligations or evidences of indebtedness of the Association issued for such loans shall be made, executed and delivered as the Board of Directors or the General Manager. • This paragraph replaces Sub-sections (a) and (b) of Section 5. The new paragraph limits debts that can be incurred by the General Manager.

  47. BYLAWSArticle XVI:Limitations

  48. Article XVI: Limitations Section 2. Chapter/DLC Contracts A chapter/DLC may not negotiate a contract in the area of member benefits which violates standards set by the Board of Directors. Section 3. Chapter/DLC Endorsements Chapters/DLCs shall not take any action or make any recommendation which relates to civil service and CSU, retirement, pay schedules, conditions of employment of state employees or of employees of other governmental agencies, or relating to ballot propositions, implying the endorsement by the Association of such action or recommendation unless approval be first obtained from the delegates of those divisions/affiliates to General Council if it is in session or from the appropriate division council/affiliate if the General Council is not in session. Section 4. Solicitation of Contributions Other than for an approved Association activity or a purely social activity, no member or chapter/DLC shall solicit contributions in the name of the Association or of any chapter/DLC or in such a manner as to imply endorsement by the Association or chapter/DLC unless first approved by the Board of Directors. • Section 2, 3 and 4 of this Article are being deleted as the Chapter/DLCs are no longer CSEA entities, but are regulated by the affiliates.

  49. BYLAWS Article XVII: Meetings

  50. Article XVII: Meetings Section 1. Board of Directors (c) Special meetings of the board may be called by the president or by the majority of the officersBoard of Directors, upon five days written notice, and are limited to consideration of the matters specified in the call. The time and place of such meeting is to be determined by the president. • Changes in Section 1(c) increases the number of Board members required for calling special meetings.

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