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Texas Faculty Association Bylaws Mission Statement The Texas Faculty Association, the statewide affiliate of the Texas State Teachers Association and the National Education Association, will unite, organize, and empower higher education advocates, faculty, and personnel to provide a quality education to every student in higher education in Texas. Goals
Bylaws ARTICLE I. Name The name of the Association shall be the Texas Faculty Association, hereinafter known as TFA. Headquarters shall be maintained in Austin, Travis County, Texas. The Texas Faculty Association, the statewide affiliate of the Texas State Teachers Association and the National Education Association, will unite, organize, and empower higher education advocates, faculty, and educational personnel to shape higher education in Texas, thus providing a quality higher education system to every student. Section 1: Eligibility A. Membership shall be open to all higher education faculty or personnel in Texas or persons interested in advancing the cause of higher education in Texas who qualify under conditions of membership in Section 2 below. B. Membership shall not be denied on the basis of race, creed, national origin, or sex. C. An individual who is eligible for more than one membership category shall join the association in the category that provides the greatest degree of participation in association governance. Section 2: Qualifications and Conditions of Membership There shall be seven (7) classes of Active Membership: Full-time Faculty and Professional Staff, Full-time Classified Staff, Part-time Faculty and Professional Staff, Part-time Classified Staff, Retired TFA, Graduate Student Instructor, and First-time Member. A. Full-Time Faculty and Professional Staff 1. Qualifications
2. Dues Full-Time Faculty and Full-Time Professional Staff shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Full-Time faculty and full-time professional staff shall be:
B. Full-Time Classified Staff 1. Qualifications
2. Dues Full-Time Classified Staff shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Full-Time Classified Staff shall be:
C. Part-Time Faculty and Part-Time Professional Staff 1. Qualifications
2. Dues Part-Time Faculty and Part-Time Professional Staff shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Part-Time faculty and part-time professional staff shall be:
D. Part-Time Classified Staff 1. Qualifications
2. Dues Part-Time Classified Staff shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Part-Time Classified Staff shall be:
E. TFA Retired 1. Qualifications
2. Dues TFA Retired shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Retired TFA shall be:
F. Graduate Student Instructor 1. Qualifications
2. Dues Graduate Student Instructors shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges Graduate Student Instructors shall be:
G. First-Time Members 1. Qualifications
2. Dues First-Time Members shall pay for this category of membership the required annual dues which shall be set no later than the first day of each fiscal year. 3. Privileges First-Time Members shall be:
Section 3: Challenges to Membership Any member’s or prospective member’s eligibility may be challenged by any member with Active Membership in TFA, according to the due process procedures in Article XI. Section 4: Resignation A member may resign from membership in TFA at any time by notifying the TFA Secretary-Treasurer or the TFA Executive Director. Annual dues are not refundable and all TFA benefits/services will cease at the time of resignation. Section 5: Censure, Suspension, Expulsion A member who fails to adhere to or infringes upon the mission or goals of TFA or who fails to adhere to any qualifications of membership shall be subject to censure, suspension, or disaffiliation, according to the due process procedures established in Article XI. Section 6: Membership Year The membership year shall be September 1 through August 31. Section 1: Officers The officers of the Association shall be a President, a Vice-President, and a Secretary-Treasurer. Section 2: Qualifications All officers shall: A. Be actively engaged in the higher education profession within Texas at the time of election; B. Have held Active Membership in TFA for three years consecutive immediately preceding election; and C. Maintain Active Membership in TFA, TSTA, and NEA. Section 3: Term of Office A. The term of office for President, Vice President, and Secretary-Treasurer shall be two (2) years or until successors are elected. The President, Vice President, and Secretary-Treasurer shall serve no more than two (2) terms in the office to which he/she is elected. B. Officers shall assume office on July 1 following election. Section 4: Nominations and Elections A. Open nominations 1. Any Active Member with the qualifications set forth above in Section 2 and seeking the office of President, Vice President, or Secretary-Treasurer shall file his or her own nomination in writing by letter or TFA nomination forms with the TFA Executive Director. 2. Any member with Active Membership may nominate any Active Member with the qualifications set forth above in Section 2, who has consented to the nomination in writing, by filing the nomination in writing by letter or TFA forms to the TFA Executive Director. 3. Nominations, with the verbal consent of the nominee present or written consent of the nominee, may be made from the floor of the TFA House of Delegates. All nominees from the floor must hold Active Membership and have the qualifications set forth above in Section 2. B. Nominations 1. Notice of the election and the offices up for election shall be forwarded to all members of TFA before the end of February in an election year. 2. Nominations will be accepted for fourteen consecutive days following the last day of the annual TFA House of Delegates at which point nominations will cease. C. Elections 1. The TFA Executive Director will notify the general membership of the list of nominees for each office by mail, email, and on the TFA website seven consecutive days following the close of nominations. 2. The TFA Executive Director will mail out to members eligible to vote the ballot and a return envelope addressed to the TFA Executive Director. The ballot will clearly state the date by which ballots must be postmarked. Late ballots will be void. 3. Election Committee
4. Secret Ballot
5. One person/One vote 6. The first election for these officers under these bylaws will be held in 2008. Section 5: Duties A. President The duties of the President shall be to: 1. Serve as the chief executive officer and policy leader of TFA 2. Represent TFA as a spokesperson on matters of policy or assign responsibility for such representation; 3. Chair the TFA House of Delegates 4. Prepare the agenda and preside at all meetings of TFA; 5. Serve as ex officio member on all committees; 6. With the approval of the TFA Board of Directors, appoint the Parliamentarian and the chairpersons of all committees and task Forces; 7. Appoint a member of the TFA Board of Directors to serve as liaison to each committee; 8. Appoint members of committees and, 9. Serve as the representative to the TSTA Board of Directors. B. Vice-President: The duties of the Vice President shall be to 1. Preside in the absence of the President; 2. Perform other duties as delegated by the President and/or the TFA Board of Directors; 3. Assume the office of President upon the death or resignation of the President and; 4. Serve as a substitute for the President when absent on the TSTA Board of Directors C. Secretary-Treasurer: The duties of the Secretary-Treasurer shall be to 1. Keep accurate records of the proceedings of all meetings of the TFA House of Delegates and the Board of Directors; 2. Chair any ad hoc Budget & Finance Committee; 3. Be responsible for the safekeeping and accounting of all funds; 4. Provide financial reports at each TFA Board of Directors and TFA House of Delegates; and 5. Receive and deposit all moneys and pay all bills in accordance with procedures determined by the TFA Board of Directors Section 6: Vacancies and Succession A. In the event of vacancy in the office President, the Vice President shall succeed to the office. B. In the event of vacancy in the Vice President, the President on advice of the Board of Directors will name a replacement to fill the unexpired term. C. In the event of death or resignation of both the President and Vice President, the TFA Board of Directors shall elect a President and Vice President to fill the unexpired terms. D. In the event of vacancy in the office of Secretary-Treasurer, the President on advice of the TFA Board of Directors will name a replacement to fill the unexpired term. Section 7: Removal State Officers of TFA may be impeached and removed for misfeasance, malfeasance, or nonfeasance in office as described in Article XI. Section 1: Qualifications Qualifications for the Executive Director will be determined by the TFA Board of Directors. Section 2: Contract The contract for the Executive Director will be determined by the TFA Board of Directors. Section 3: Selection The Executive Director shall be employed by the TFA Board of Directors, in accordance with the TFA/TSTA Agreement. Section 4: Supervision and Reporting The Executive Director shall report directly to the TFA Board of Directors. Section 5: Duties The duties of the Executive Director shall be to A. Manage TFA operations and state office in Austin B. Organize higher education faculty and personnel staff, increase membership, develop leadership in TFA locals, and improve advocacy and representation of members at all levels within TFA C. Lobby at the Texas Legislature and other higher education state agencies D. Manage the TFA Budget and produce reports when requested by the Board of Directors E. Perform such other reasonable duties as assigned or requested by the TFA Board of Directors or TFA House of Delegates F. Abide by TFA/TSTA/NEA Mission and Goals G. Serve as a consultant/grievance representative for members H. Employ, direct, and supervise TFA staff I. Serve as consultant to the officers, all standing and special committees the TFA Board of Directors, and the TFA House of Delegates J. Complete any administrative or management requirements of TSTA/NEA as part of our affiliation with TSTA/NEA ARTICLE VI. Board of Directors Section 1: Board of Directors A. Composition 1. The Board of Directors shall be composed of the following voting members: TFA President, Vice President, Secretary-Treasurer, Immediate Past President, and seven (7) elected at-large members. 2. Additional at-large members may be appointed by the Board of Directors to achieve proportionate representation of TFA membership of the ethnic-minority members of TFA, of four-year, two-year, public, and private Texas higher education institutions members of TFA, and those categories of membership which allow eligible members of TFA to vote. B. Meetings 1. The Board of Directors shall meet at least three times during the fiscal year. Special meetings may be called by the President when necessary or by the written request of at least one-fourth (1/4) of the members of the Board of Directors. 2. Board of Directors meetings shall be open meetings except in personnel or legal matters. 3. A quorum shall be a majority of voting members of the Board of Directors. 4. The Board of Directors may cast secret ballots only upon matters of personnel and elections required by the Board of Directors. 5. The Board of Directors may conduct business through the use of mail ballot and/or electronic balloting or other forms of distance balloting as determined by the President between meetings. C. Functions 1. Policy making
2. Governance
3. Fiscal
4. Personnel
Section 2: Qualifications for Members-at-Large A. Be actively engaged in the higher education profession within Texas at the time of election; B. Hold an Active Membership in TFA immediately preceding election and C. Maintain membership in TFA, TSTA, and NEA Section 3: Nomination and Election of Members-at-Large A. Places to be elected will be as follows 1. Four Members-at-Large shall be elected on even-numbered leap years, terms to end with the next leap year election. The first election for these four Members-at-Large under these bylaws will be in 2008 as described in the amendments approved in 2006. 2. Three Members-at-Large shall be elected on even-numbered non-leap years. The first election for these three Members-at-Large under these bylaws will be in 2010 as described in the amendments approved in 2006. B. Open nominations 1. Any qualified member seeking a Member-at-Large Place on the Board of Directors shall file his or her own nomination in writing by letter or TFA nomination forms with the TFA Executive Director. 2. Any qualified member may nominate any qualified member, who has consented to the nomination in writing, by filing the nomination in writing by letter or TFA forms to the TFA Executive Director. 3. Nominations, with the verbal consent of the nominee present or written consent of the nominee, may be made from the floor of the TFA House of Delegates. C. Nominations 1. Notice of the election and the Member-at-large Places up for election shall be forwarded to all members of TFA before the end of February in an election year. 2. Nominations will be accepted for fourteen consecutive days following the last day of the annual TFA House of Delegates at which point nominations will cease. D. Elections 1. The TFA Executive Director will notify the general membership of the list of nominees for each place by mail, email, and on the TFA website seven consecutive days following the close of nominations. 2. The TFA Executive Director will mail out to members eligible to vote the ballot and a return envelope addressed to the TFA Executive Director. 3. The ballot will clearly state the date by which ballots must be returned to the TFA Executive Director. Late ballots will be void. 4. Election Committee
5. Secret Ballot
6. One person/One vote Section 4: Terms The term of office for elected Members-at-Large is four years. The maximum number of terms that a Member-at-Large can serve in a designated Place is two (2) terms. The Members-at-Large will assume office on July 1 following their election. Section 5: Vacancies and Removal A. Any Member-at-large with two (2) unexcused absences (as determined by the Board of Directors) from meetings of the Board of Directors shall forfeit his/her office and shall be so notified by the President. B. In the event of vacancy in a Place held by a Member-at-large the President on advice of the Board of Directors will name a replacement to fill the unexpired term. C. Members of the Board of Directors may be removed for misfeasance, malfeasance, or nonfeasance in office as described in Article XI. ARTICLE VII. House of Delegates Section 1: The TFA House of Delegates shall be composed of the TFA Board of Directors and elected delegates from the local chapters. Section 2: The TFA House of Delegates shall meet at least annually, the date and place to be designated by the Board of Directors. Special meetings of the House of Delegates may be called by the President, a majority of the Board of Directors, or upon written request of fifty-one percent of the membership of the House of Delegates. Section 3: A quorum shall consist of the members present and voting. Notice of meetings shall be given at least one month in advance. Section 4: Allocation of Delegates A. A chapter shall be entitled to elect one delegate for each 25 TFA members on file with the Executive Director. B. In chapters with fewer than 25 TFA members on file with the Executive Director, there shall be one delegate. C. Members not belonging to a local chapter may caucus prior to the beginning of the House of Delegates and elect one delegate for each 25 TFA members attending the caucus. D. No member will be denied the right to serve as a delegate based on race, creed, origin, or sex. E. TFA shall guarantee ethnic-minority representation at least proportionate to its ethnic-minority membership. Section 5: Delegates shall be elected by secret ballot. Section 6: Delegate Election Challenges Section 7: The House of Delegates shall be the legislative body of this Association. To carry out this function, the House of Delegates shall: A. Act as the highest decision-making body of TFA except when these Bylaws give exclusive powers to the Board of Director or officers; B. Adopt the rules and agenda for the House of Delegates C. Be directly responsible to the general membership of TFA in all matters concerning the conduct of TFA business; D. Establish goals, objectives, and activities consistent with the Bylaws; E. Enact such measures as may be necessary to achieve the goals and objectives of the TFA; F. Receive and act upon proposals submitted to it by the Board of Directors, committees, and task forces; G. Direct the implementation of specific actions items by the Board of Directors and/or committees/task forces of the Association; H. Establish policy for this Association; and I. Act on all amendments to the Bylaws. Section 8: Before each House of Delegates the President, with the advice and consent of the Board of Directors, shall develop an agenda, order of business, and meeting rules for approval by members and delegates, and shall appoint a Parliamentarian, Committees on Resolutions and Credentials, and such other committees as may be required. Section 9: Except as provided in the Bylaws or in any special rules adopted by the TFA, the House of Delegates shall be conducted in accord with Robert's Rules of Order. Section 1: Establishing a Local Chapter A. Seven or more Active Members may form a local TFA chapter at any Texas institution of higher education. B. When an institution has more than one campus, each campus may form a separate chapter. When two or more formally distinct institutions exist in close physical proximity, they may elect to form a single chapter as though they were a part of a single institution. C. Only one local chapter for a particular personnel classification can be established on any campus. D. TFA accreditation of a chapter requires 1. A declaration to the TFA Secretary-Treasurer that seven or more Active Members at a campus have agreed to establish a chapter 2. An election of a President and a Secretary-Treasurer 3. Submission of a chapter constitution and bylaws in accordance with the principles and procedures of the state association and approved by the TFA Board of Directors Section 2: A local chapter may be suspended by TFA or lose TFA approval for financial malfeasance, failure to follow TFA/TSTA/NEA policies and regulations, failure to report election results, and nonfeasance. Section 3: All Active Membership members will be members of the local TFA chapter on campus and pay local dues in accordance with procedures required by the local chapter and the Executive Director. Section 4: A local chapter may meet jointly with other local chapters and other associations as long as any decisions or actions taken as a TFA local chapter do not violate the bylaws, rules, policies, and procedures of TFA, TSTA, and NEA. Section 5: A local chapter may adopt a name or title but the name or title must acknowledge its TFA/TSTA/NEA affiliation. Section 1: The Texas Faculty Association is affiliated with the Texas State Teachers Association, the National Education Association. Section 2: The Texas Faculty Association will have a written affiliation agreement with TSTA that rules the financial, administrative, and legal conditions of that affiliation. The written affiliation agreement will be negotiated annually or for other periods of time as mutually agreed upon by TFA and TSTA. Section 3: TFA shall not affiliate with any local, state, or national group, union, or association that competes for membership with TSTA or NEA unless that affiliation is agreed to by TSTA and NEA. ARTICLE X. Termination of the Association Section 1: In the event of termination and dissolution of the Texas Faculty Association, the net assets of the Association shall first be used to pay debts and any financial obligations to staff, vendors, and TSTA and NEA. Any other assets will be distributed as determined by the Association. Section 2: No member or officer shall be legally liable for the indebtedness of the Association. Section 1: The Association shall guarantee that no members will be censured, suspended, or expelled without a due process procedure which shall include an appellate procedure. Section 2: The Association shall guarantee that no member of the Board of Directors shall be impeached and removed from office without a due process procedure which shall include an appellate procedure. Section 3: Hearing Committee A. Composition 1. The Hearing Committee shall be composed of five (5) members elected annually by the Board of Directors. 2. Should charges be brought against a member of the Hearing Committee, said member shall be suspended from serving on the Hearing Committee until the charges have been resolved. B. Purpose The Hearing Committee shall hear charges against local chapters, officers, Board of Directors, or individual members of TFA related to 1. An affiliate which fails to comply with minimum standards set forth in these Bylaws shall be subject to censure, suspension, or disaffiliation 2. An officer or Board of Director member of TFA may be impeached and removed for misfeasance, malfeasance, or nonfeasance in office 3. A member who fails to adhere to any of the conditions of membership shall be subject to censure, suspension, or expulsion Section 4: Initiation of Charges A. Charges against a local chapter may be filed with the Executive Director by a member. B. Charges against a member may be filed with the Executive Director by a member. C. Impeachment charges against an officer or a Board of Directors member may be filed as follows: 1. Officers
2. Board of Directors
3. Such written petitions specifying charges shall be submitted to the Executive Director. 4. The Executive Director shall submit the petitions to the Hearing Committee for disposition. Section 5: Consideration and Disposition of Charges A. Within in ten (10) days of having received the charges, the Executive Direct or shall notify by appropriate means and with proof of delivery the local chapter or person of these charges B. The local chapter or person charged shall have the right to be heard by the Hearing Committee and/or be represented by counsel before the Hearing Committee. C. The local chapter or person shall have ten (10) days from the receipt of the notification of charges to request a hearing before the Hearing Committee. If such a hearing is requested, it shall be scheduled no sooner than fourteen (14) days nor more than twenty-eight (28) days after receiving said request. The person(s) who brought the charges shall be notified of the time and place of the hearing and shall have the right to present to the Hearing Committee. The Hearing Committee shall have the right to request the presence of any TFA member that the Committee believes could provide information relevant to the charges. D. If no hearing is requested within the permitted time frame, then the Hearing Committee shall schedule a meeting in conjunction with the next scheduled meeting of the TFA Board of Directors. At that meeting, the Hearing Committee shall review all information regarding the charges and any response to the charges. In anticipation of the meeting, the Hearing Committee may request the Executive Director to gather any additional information that the Committee believes would be relevant to the charges. E. Procedures for conducting hearings shall be established by the Hearing Committee. F. At the completion of the hearing, if requested, the Hearing Committee may immediately meet in Executive Session and render a decision, or may adjourn and reconvene at an appropriate time in the future to meet in Executive Session and render a decision. If no hearing is requested, then the Hearing Committee shall render a decision after the review called for in paragraph D of this section. The Committee may impose any of the remedies outlined in Section 1 or such other penalty as the Committee may deem appropriate. G. Within five (5) days of the decision of the Hearing Committee, the Executive Director shall notify in writing, by appropriate means and with proof of delivery, the charged local chapter or person and those bringing the charges of the decision of the Hearing Committee. Section 6: Appeals Only the local chapter, officer, member-at-large, or members who have made the complaint or who were charged with a complaint may appeal the decision of the Hearing Committee to the Board of Directors on procedural grounds. ARTICLE XII. Adoption and Amendment of the Constitution Bylaws Section 1: Adoption of these Bylaws shall require a two-thirds vote of the members at a House of Delegates of TFA provided that notification of said meeting is given members at least one month in advance by posting on the TFA website and by email notification to all members. Section 2: Amendments to the Bylaws shall require a majority vote of the delegates at a TFA House of Delegates provided that notification of the proposed amendments is given members least one month in advance by posting on the TFA website and by email notification to all members. Section 3: Amendments to the Bylaws may be considered at the TFA House of Delegates, if two-thirds of the registered delegates vote to suspend the requirement that a one month notice must be given prior to the House of Delegates. Amended February 26, 1994 |
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