| The following is the 1995-96 Constitution of the California Federation of Teachers. It is derived from a computer file supplied by CFT to the United Professors of Marin (UPM). UPM accepts no responsibility for the content or accuracy of the the following HTML conversion of that file. |
This organization shall be known as the California Federation of Teachers (CFT).
The aims of this organization shall be to organize the educational and health care employees of California into locals chartered by the American Federation of Teachers, and to bring them into relations of mutual assistance and cooperation; to obtain for them all the rights and benefits to which they are entitled; to raise the standards of their professions and to secure the conditions essential to the best professional service; and to promote such democratization of the educational institutions as will enable them better to equip their students to take their places in the economic, social and political life of the community; to strive for equal educational opportunities for all; to initiate and support state legislation to benefit the students and educational and health care employees of the state of California.
Section 1.
This organization shall consist of locals of AFT members chartered in California by the American Federation of Teachers. This organization shall consist of public and private school educational employees, educational workers, nurses, allied health professionals, other health-care employees or other workers.
Section 2. Members-At-Large
There shall be a class of members-at-large, which shall consist of members who work in areas where there is not a CFT local jurisdiction.
Section 3. Associate Members
There shall be a class of members called associate members, which shall consist of former CFT members other than retirees who have changed occupations, and anyone else who is not eligible for membership in a CFT local such as family, friends, professional contacts, community leaders, parents, academics, school
board members, administrators and supervisors.
Section 4. Retired Members
Active members who retire from their present positions shall be admitted as CFT retiree members (without paying any per capitas) and without CFT voting rights except as provided in ARTICLE I, Section 5b of the By-Laws, but with the right to participate in benefit programs such as insurance, travel and discount buying services.
Section 5.
Members at-large, associate members, and retired members shall be entitled to receive the periodicals published by the American Federation of Teachers and the California Federation of Teachers and such other services as may be approved by the CFT Executive Council.
Section 6.
The CFT Executive Council shall establish a dues schedule. Members (enumerated in ARTICLE III) who pay dues will have full membership rights and privileges.
Section 1. Elected Officers
The elected officers of the CFT shall be a president and twenty-four vice- presidents.
a. Election of Officers: Officers shall be elected in the odd-numbered years by the annual convention for a term of two years. Nominations shall be made from the floor of the convention. A majority of votes cast for an office shall be required for election to office.
b. Vacancies:
1) President: If the President resigns office, the Senior Vice- President "Article VI le" shall serve as President until the next regularly scheduled convention, at which time the convention shall conduct an election to fill the vacancy in the office of the President for the remainder of the term of office. If the next regularly scheduled election occurs in an odd numbered year, the convention shall elect a President for a two-year term of office.
2) If the Senior Vice-President cannot or will not serve as President, the Executive Council shall elect a President who shall serve until the next convention.
3) If the Senior Vice-President becomes President, the Executive Council shall elect a new Senior Vice-President.
4) Vice-President: In the event that an office is vacated, for whatever reason, the Executive Council shall appoint a Vice-President to fill the unexpired term.
c. Recall of Officers:
1) Any elected officer of the Federation may be recalled by a three- fourths vote of the State Council at any regular or special meeting of the Council, providing each member of the Council has been notified of the proposed recall vote. The notification will include a complete statement of charges and a reply by the officer subject to recall. Any officer recalled may appeal the decision of the State Council to the various locals by referendum, upon filing a request for same either with the President or the Secretary-Treasurer.
In all such cases, the petitioned officer shall poll the locals. A majority of all votes cast shall be necessary for reinstatement of an officer.
2) When at least one-third of the member locals within a period of sixty calendar days (60) ask for a recall of an elected officer, they shall do so by submitting such a request in writing to either the President or the Secretary-Treasurer. It shall be the duty of that officer to poll the locals within thirty (30) days from the receipt of such petition. A two- thirds majority of all votes cast shall be necessary to recall. In no case shall the officer subject to recall be entitled to vote. It shall be the duty of the officers of the member locals to submit the question to be voted on, with the summary discussion to all of their respective locals, and to supply all members with official ballots. The ballot shall be secret. The officers of the member locals shall have the responsibility for the integrity of the ballot. The individual ballots cast shall be tabulated by the locals, and all ballots, together with tabulations, shall be delivered to the polling officer. Only ballots mailed or received by the polling officer within six weeks of the date sent out shall be counted.
3) Only ballots of locals in good standing on the closing date of the recall referendum shall be counted, and the votes of said locals shall not exceed in number the members for which per capita was last paid by the respective locals. Should the number of ballots cast by a local exceed the number to which the local is entitled, the ayes and noes shall be reduced proportionately to come within the required number of votes.
4) The polling officer shall tabulate the votes sent in by the locals and within one week of the closing date for receiving such ballots from the locals, shall announce by mail the results of the referendum. The tabulations by the polling officer shall be verified at the next meeting of the Executive Council.
5) The State Council shall have the power to adopt such further rules and regulations governing referenda as it shall deem necessary.
Section 2. Secretary-Treasurer
The Secretary-Treasurer shall be an elected officer. He/she shall have a voice, and a vote on the Executive Council and on the State Council and its committees. He/she shall be supervised by the President. This section becomes effective at the CFT Convention, 1997.
Section 3. Duties of Officers
a. President: The President shall be the chief executive officer of the CFT. It shall be the President's duty to administer all the affairs of the Federation and to execute policies of the Federation as determined by the convention and the State Council. The President shall have the power to appoint the chairpersons of all committees and shall have the power to remove committee chairpersons subject to the approval of the Executive Council.
b. Senior Vice-President: It shall be the specific responsibility of the Senior Vice-President to take the place of the President in case of death or incapacitation.
c. Vice-President: It shall be the specific responsibility of the Vice-Presidents to further the organization of AFT locals in the state.
d. Secretary-Treasurer: The Secretary-Treasurer shall be responsible for administering the financial policies of the Federation as determined by the State Council and for other duties and areas of responsibilities assigned by the Executive Council.
Section 1. Purpose
It shall be the purpose of the State Council to conduct the business of the Federation and to conduct all the affairs of the Federation in the periods between conventions.
Section 2. Duties and Responsibilities
a. The State Council shall implement the policies set by the delegates of conventions.
b. The State Council shall conduct the affairs of the Federation in the periods between conventions.
c. The State Council shall approve the annual budget of the Federation and may revise it as deemed necessary.
d. The State Council shall provide policies and direction for the officers of the Federation.
e. The State Council shall establish such committees as it deems necessary, not inconsistent with this Constitution and By-Laws.
f. The State Council shall have the power to interpret and enforce this Constitution and to make rules not in conflict with this Constitution and shall report such rules to the succeeding convention for approval or rejection. Any interpretation of the Constitution by the State Council may be appealed at any subsequent convention.
g. The State Council shall establish the following Special Councils: Community College Council (CCC), Council of Classified Employees (CCE), University Council (UC), and Early Childhood K-12 Council (EC K-12).
Section 3. Membership
The State Council shall consist of the President, the Vice-Presidents, and the designated delegate or alternate of each member local and/or council of locals.
Section 4. Meetings
a. The State Council shall meet two times a year. The exact date, place, and other details shall be determined by the State Council. Special meetings of the State Council may be called by the President, or by two-thirds of the members of the State Council, provided that a written notice stating the purpose of such meeting is sent by registered mail to all members of the State Council at least two weeks prior to the date set for the meeting.
b. A quorum for transaction of business shall consist of twenty-five percent (25%) of the locals, or of locals representing one-third (1/3) of the members of the CFT.
Section 5. Special Operating Rules
a. The voting strength of each local at each council meeting shall be specified by the Secretary-Treasurer of the Federation according to the voting strength of the local as per the most recently tabulated per capita payment submitted by the local.
1) The delegates from a local or council of locals shall have the number of votes to which the local or council is entitled under the terms of ARTICLE I, Section 2, subsections b and c, and Section 7 of the By- Laws.
2) Locals combined into a council shall be considered as one local in apportioning votes in accordance with ARTICLE I, Section 1b of the Federation By-Laws.
3) Each elected officer to the Federation shall be entitled to one vote. Other voting members of the Executive Council will each have one vote.
4) Any national AFT Vice-President from a CFT local shall have one vote.
b. Chairpersons of standing committees have the privilege of attending Executive Council meetings, where they have a voice but not a vote, this privilege being subject to the approval of the State Council.
Section 1. Membership
The voting members of the Executive Council shall be the President and twenty- four Vice-Presidents, and the Presidents of the Special Councils listed in ARTICLE V, Section 2g.
a. The Executive Council shall implement the policies of the convention and the State Council.
b. The Executive Council shall have the authority to conduct all the affairs of the CFT (including the authority to borrow money from commercial and private institutions) in the periods between meetings of the State Council and the convention.
c. The Executive Council shall prepare the annual budget subject to the approval of the State Council. The proposed budget shall be distributed to all local presidents 14 days prior to its approval by the State Council.
d. It shall be the responsibility of the Executive Council to have the financial records of the CFT audited annually and to submit said audits to the State Council.
e. The Executive Council shall have the authority to assign duties and define areas of responsibility for each Vice-President. The Executive Council shall select one of its Vice-President members as the Senior Vice-President.
f. The Executive Council shall receive, review and approve all requests for defense funds and report to the State Council regarding the expenditure of such funds.
g. The Executive Council shall hire such employees as it shall deem necessary. Administrative employees shall be employed by individual or union contract with provision for orderly dismissal with the right of hearing and counsel available to the employee. Other employees may be employed by union contract, and procedure shall be established in all such contracts for orderly dismissal with the right of hearing and counsel unless otherwise provided in a union contract. The provisions of this sub-section shall not apply to the elected officers of the CFT.
Section 1. Amendment by Convention
a. This Constitution may be amended at a duly called convention by a two- thirds vote of delegates present and voting provided: that the proposed amendment shall have been submitted in writing at least eight weeks prior by the State Council, the Executive Council, Special Councils as listed in ARTICLE V, Section 2g, or any affiliated local; and that the Secretary- Treasurer of the CFT, at least 30 calendar days prior to the convention shall have transmitted copies of the proposed amendment(s) to the presidents of all affiliated locals.
b. Each proposed amendment to this Constitution shall be published for the delegates as it was received by the Secretary-Treasurer of the Federation, but it may be accompanied by any recommendation from the CFT Constitutional Revision Committee.
Section 2. Amendments by Referendum
This Constitution may be amended by a majority vote of the members, provided that only members of locals in good standing shall be permitted to vote on the matter and that the following steps be taken in submitting the matter to referendum:
a. The proposed amendment is submitted in writing by petition of not fewer than 200 members from not fewer than ten affiliated locals, or by at least 10 percent of the affiliated locals, or by affiliated locals representing at least one-third of the total membership.
b. A majority vote of all members in good standing shall be required for adoption. The balloting must take place within sixty (60) days following the date on which the Secretary-Treasurer sends the matter to the locals.
c. The Secretary-Treasurer shall, within 30 days of the receipt of the proposed amendment, transmit copies of the official ballots to the presidents of all affiliated locals, along with a summary of the divergent arguments. Upon receipt of the votes, the Secretary-Treasurer shall, within one week of the close of the date of the referendum, announce the results by mail. The officers of the various locals shall be responsible for the integrity of the ballots. Voting shall be by secret election. Should the number of ballots cast within any local exceed the number of members for which a local pays a per capita tax, the ayes and noes shall be reduced proportionately. All locals shall be notified regardless of standing.
d. 1) The CFT Secretary-Treasurer shall hand over the unopened ballots for counting to a three-member ballot committee appointed by the President and confirmed by the Executive Council.
2) The committee, upon completion of the count, shall report to the Secretary-Treasurer, the President and the Executive Council the results of the balloting, and the CFT Secretary-Treasurer shall notify in writing the presidents of all locals within one week of the results of the election.
e. No referendum vote shall be held within six weeks prior to the convention.
Section 3. Amendment by Vote of Locals
This Constitution may be amended by a two-thirds vote of votes cast by locals in good standing provided: that the proposed amendment shall be submitted by the State Council; and that the following steps be taken in submitting the matter to the various locals. The Secretary-Treasurer shall transmit the ballots to the locals within 30 days from the date of the approval of the State Council.
a. Each local shall be entitled to the same number of votes to which it is entitled under the terms of ARTICLE I, Section 6, of the By-Laws. A majority of eligible votes must be cast by the locals in order for there to be a valid election.
b. The vote must be cast within sixty (60) days from the date on which the Secretary-Treasurer transmits the amendment to the locals and the Constitution may not be amended by vote of locals within six weeks prior to the convention.
c. The vote may be taken by any policy-making body for each local; however, the president and secretary of each local shall attest to the manner of voting, and shall submit the election results to the CFT Secretary-Treasurer.
d. The Secretary-Treasurer shall transmit copies of the official ballot indicating the number of votes to which the local is entitled, along with a summary of the divergent arguments, to the presidents of all locals in good standing.
e. Every affiliated local shall be notified of the vote and shall be given the arguments relating to the matter, regardless of standing.
f. Such amendments shall take effect once the Executive Council certifies that the correct procedures have been followed.
Section 1. Annual Meetings
A state convention shall be held each calendar year, at a time and place to be designated by the Executive Council. A convention call must be issued to all locals at least sixty (60) days prior to the date of the convention, specifying the program of the convention, the time of preliminary committee meetings, and the time the delegates are expected to arrive. In case the President fails to call said meeting within the time specified, the State Council shall have the power to call the convention.
Section 2. Councils of Locals
a. Locals with fewer than 100 members each, but in the aggregate fewer than 300 members, from a contiguous geographic area, may form councils of locals for the general purpose of electing a common delegate to the convention and/or State Council. Locals which form such a council under this section:
b. The Executive Council is authorized to recognize a council of locals, organized for the convenience of doing business with one employer common to all of the council's locals for the purpose of electing delegates to the convention. Nomination procedures shall be established by such council to permit all such locals to nominate from their respective memberships at least thirty days in advance of the election, which shall be conducted by mail ballot in conformance with federal law. No other delegates shall be seated in the convention from any individual local of the council unless such local has notified the CFT office one month prior to the convention that it is not participating in such council for the purposes of electing delegates to the convention. The voting strength of such council shall be based upon the aggregate membership of all such locals which individually credential all delegates common to the council.
Section 3. Ex-Officio Delegates
Voting members of the Executive Council who are not delegates from their locals shall be ex-officio delegates at the convention and shall each have one vote at the convention.
Section 4. Credentials
The Secretary-Treasurer shall send a special notice to locals in arrears one month before the convention. The President shall cause suitable credential forms to be prepared and sent to each local. The President shall appoint a committee of five on Credentials, one member of which must be the Secretary-Treasurer. To be seated, delegates must be from locals in good standing and present credentials signed by the proper authorities of the local no later than noon of the second day of the convention.
Section 5. Delegates
A delegate must be a member in good standing of the local from which he is credentialed and must be elected by secret ballot at a meeting that has been previously announced, and in accordance with federal law. At the time of credentialing delegates, a local may certify alternates to serve in the place of its delegates who may be absent from the convention. Alternates must meet the same membership requirements as delegates.
Section 6. Delegate Allocation
a. One delegate to the annual convention may be elected by each local having a membership of twenty-five or less. For each additional twenty-five members, or fraction thereof, one additional delegate may be elected. The delegate strength to any state convention shall be determined pursuant to ARTICLE II, Section 1c, d, and e, of the By-Laws.
b. Each organization of retired members chartered by AFT may elect one delegate to the AFT and CFT conventions in the manner prescribed by Section 6 of this Article and shall be entitled to one vote at the convention. Such delegates shall be entitled to all rights and privileges of a delegate except that such delegates shall not be entitled to nominate any candidate for Federation office or cast a vote in the election of Federation officers unless such delegates have been elected to that position by secret ballot vote.
Section 7. Determining Average Membership
Membership shall mean the average number on which the per capita tax has been paid for the first twelve months of the fourteen month period immediately preceding the month in which the convention meets, provided:
a. that no local in arrears for two months at the time of convention shall be entitled to representation;
b. that, in the case of locals which have been chartered during the one year preceding the convention, the average shall be computed on the basis of the number of months of affiliation, the minimum for such computation to be two months.
Section 8. Roll Call Voting Strength
On all roll call votes in the annual convention, each local represented shall be entitled to a number of votes equal to the average membership as defined in Section 8 of the Article.
Section 9. Distribution of Votes
The votes of a local shall be distributed as evenly as possible among the delegates present at the time of the voting, but votes shall not be fractioned. All additional votes shall be assigned by lot or by an objective formula which has been previously reported to the Secretary-Treasurer of the California Federation of Teachers, with no delegate getting more than one of the additional votes. In the election of CFT officers and delegates to the AFL-CIO convention, all voting shall be by roll call vote except when the election is by unanimous consent, and each local represented shall be entitled to the average membership as defined in Section 8 of the Article.
Section 10. Roll Call Vote (Resolutions and Constitutional Amendments)
A motion calling for a roll call vote shall require a 25% vote for adoption. No debate, amendment, or other motion affecting the question on which the roll call vote was ordered may be made after a roll call has been ordered. The presiding officer of the credentials committee shall call the roll of locals entitled to vote. The Secretary shall record each vote as cast and may appoint other tellers to assist in recording and tabulating the votes. Every local shall be entitled to a number of votes equal to the average membership as defined in Section 8 of this Article. Any local, in order to cast its votes, must have a delegate or alternate present on the convention floor. The ranking delegate shall report the vote of the local to the presiding officer of the credentials committee when called upon. After a roll call has been taken, the presiding officer shall call for the next item on the agenda, action on the pending motion being automatically postponed pending the tabulation of the vote. The results of the roll call vote shall be tabulated by the committee on credentials and reported to the convention immediately upon completion of the tabulation according to the following procedure:
a. The total vote shall be read;
b. If any delegate challenges the vote of his/her local, the roll of delegates from
that local shall be read, and each delegate shall rise as his/her name is called, announce his/her vote and state the number of votes he/she is casting;
c. The report on the roll call vote shall then be revised to agree with the oral vote just taken;
d. If any ten delegates request it, the vote by locals shall be posted;
e. No adjournment shall take place until the results of the roll call vote have been announced.
Section 11. Nominations and Election Procedures
Nominations of CFT officers and of CFT delegates to the American Federation of Teachers convention and to the California Labor Federation convention shall be by an "announcement of candidacy form" signed by the candidate for office and presented to the Secretary-Treasurer not later than the time and date specified in the convention rules for nominations and elections. The names of all announced candidates shall be read to the convention. Nominations may be made from the floor. All floor nominees must immediately complete the "announcement of candidacy form." Nominations shall be declared closed by the presiding officer after asking for nominations from the floor three times for each office. An opportunity shall be given for any person nominated to decline. Each candidate for president may have ten minutes for his/her campaign speech. Each candidate for vice-president or other offices may have two minutes for his/her campaign speech. The candidates shall be recognized in alphabetical order except when the election is by unanimous consent. The actual speaker shall be at the sole discretion of the candidate. The election shall be by roll call vote in accordance with the following procedure:
a. Balloting for the election of officers and delegates shall take place under supervision of the elections committee. No other official business shall be conducted during balloting. Only delegates who are officially seated may vote in the election.
b. The ballots shall be distributed to the ranking delegate of each delegation under the direction of the chair of the elections committee. (These ballots shall be prepared under the supervision of the elections committee). The ranking delegate shall equally distribute the votes among delegates representing themselves. No delegate shall have more than one vote more than each of the other delegates.
c. Each delegate voting shall enter on his/her ballot the number of his/her local, his/her printed full name, the number of votes he/she is casting, how he/she is voting, and sign the ballot.
d. Ballots shall be deposited in the ballot boxes not later than one hour following the opening of the polls. Ballots may be deposited by the ranking delegate, or delegates may elect to deposit their own ballots.
e. After the polls have closed, the elections committee shall supervise the counting of the ballots. The tally sheet shall be certified as accurate and retained by an independent body designated by the elections committee. The chair of the elections committee shall report the results of the election to the convention.
f. The independent body shall retain all ballots for two years. At the end of two years the elections committee shall destroy the ballots. A local may submit a resolution from the Executive Board to the CFT President requesting a copy of all ballots cast by delegates of the local. The CFT President will direct the independent body to transmit all ballots for that local in a sealed envelope to the president of the local.
Section 12. Alternates
When a delegate leaves the convention, his/her place in the convention may be taken by an alternate, if any has been certified by the credentialing committee as duly elected by the local and in the order as elected. No other transfer or substitution of voting rights is allowed.
Section 13. Quorum
Delegates representing a majority of all votes eligible to an annual convention shall constitute a quorum.
Section 14. Convention Resolutions
Resolutions for the convention may be introduced by locals, by the State Council, by the Executive Council, by CFT standing committees, by special councils, or by convention committees. No resolution may be introduced later than six weeks prior to the opening of the convention except by two-thirds vote of the convention. Any resolution submitted by a local shall bear the signature of two elected officers of the local, certifying that the resolution was approved for submission to the convention by the Executive Board or the membership of the local.
Section 15. Convention Committees
a. Convention committee chairs and the members of the Constitution Committee shall be appointed by the President with the approval of the Executive Council. In appointing members of other convention committees the President shall give consideration to the expressed choices of delegates as indicated on their committee choice cards, which shall be sent by the President to each delegate. However, the President shall not be bound by the choice cards, but shall give equal weight and consideration to service on standing committees and to the proper balancing of committees. Members of CFT standing committees who are delegates shall be appointed to the corresponding convention committees in order to coordinate the work of the convention committees and the CFT standing committees.
Changes in assignments of delegates to committees shall be made only by the President or upon application. Such application shall include a written statement of the reason for desiring the change.
No change shall be made after noon on the first full day of the convention.
b. A delegate interested in a specific problem or resolution shall have the opportunity to present his/her viewpoint to the appropriate committee at a time designated by the committee chairperson.
c. Reports of convention committees shall be received at the time designated in the printed program or as designated by the convention. Reports shall be made in the order assigned by the chairperson of the convention committee and the President.
d. Debate in committees may be limited by a two-thirds vote of the committee.
Section 1. Per Capita Tax
a. Effective September 1, 1996 the per capitas for active members of the CFT will be:
Back per capitas will be paid at the per capita rate in effect when the debt is incurred.
The per capitas for active members of the California Federation of Teachers will be automatically adjusted each year with the approval of the state convention by a percentage amount not to exceed the statewide percentage change in average classroom teacher's salary schedule within the school district having CFT bargaining agent locals.
The annual percentage change in the per capitas will be calculated as follows:
1) First, the lowest salary step for full-time beginning teachers will be added to the highest Salary step for full-time teachers, the highest step being one without a doctorate and without anniversary increments.
2) Second, the sum of these two salaries will then be divided by two, providing the average salary. These averages will be calculated for all districts having exclusive representatives affiliated with CFT. The salary schedules used will be those effective on December 1 of the current year.
3) The percentage change in average salary from December 1 of a current school year to December 1 of the next year will be calculated and applied to the regular rates above.
4) The Executive Council of the CFT will certify each year that the appropriate procedures have been used to calculate the CFT per capitas to be effective September 1 of that calendar year and recommend approval of the state convention.
5) Head Start Pre-School locals shall be exempt from any CFT per capita increase after August 31, 1990.
6) Fifty cents (.50) or proportional share of each unit member's monthly per capita and fifty cents (.50) or proportional share paid monthly for any persons in the bargaining unit on whose behalf agency fees are paid on a twelve month basis shall be placed in the CFT Legal Defense Fund. The CFT Legal Defense Fund shall be maintained as a revolving fund under the direction of the CFT Executive Council. When the CFT Legal Defense Fund exceeds $20,000 the overage shall be assigned to the CFT general fund.
7) One dollar ($1.00) or proportional share of each member's monthly per capita on a twelve month basis shall be placed in the CFT COPE fund. The political fund shall be maintained as a revolving fund under the direction of the CFT COPE Executive Council. This fund shall be used only for candidates for state or local office or for ballot propositions.
b. Locals may establish a class of members which shall consist of part-time teachers, part-time substitute teachers, and other non-supervisory educational employees who receive less than the basic teacher's salary or employees whose salary is less than $15,000, whichever salary is higher. Such locals may pay per capita tax for such members at one half (1/2) the regular rate. Retired or part-time teachers and part-time substitute members who pay the regular membership dues of the local and for whom the full per capita tax is paid, shall be entitled to full membership rights.
c. Locals may establish a class of members which shall consist of members earning or receiving under $10,000. Laid off employees shall be eligible for three years at this reduced rate. Such locals may pay per capita tax for such members at one-quarter (1/4) the regular rate.
d. Locals may establish a class which shall consist of persons earning or receiving less than $6,000. Such locals may pay per capita tax for those in this class at one-eighth (1/8) the regular rate.
e. Each affiliated local that has members within a unit where the bargaining rights have been won by another employee organization and where the other organization has obtained a maintenance of membership clause in the contract, may establish a special class of members of the unit so encumbered for which the local shall charge a minimum local dues of $1.00 per month on a tenthly basis. The local shall pay to the Federation a monthly per capita tax of fifty cents (.50) on each member on a tenthly basis. All such members shall be entitled to receive the periodicals and newspapers published by the California Federation of Teachers and other such services as may be approved by the Executive Council.
f. Where a local receives fees from non-members for representing them under an agency shop agreement, it shall pay to the CFT a per capita tax that reflects the ratio to the fee to the local's dues for all such non-members. They shall not be counted in determining the delegate strength nor shall any non-member be a delegate to any state or national convention. Each affiliated local unit that has members within a unit where the bargaining rights have been won by another organization and where the other organization has obtained an agency shop clause in the contract, the local may pay per capita tax at one-fourth the regular rate on those members required to pay agency shop fees to another organization. Locals whose members pay agency shop fees to another organization may elect to pay full per capitas for such members.
Section 2. Per Capita Reports
Locals shall fill out and forward to the Secretary-Treasurer on or before the 15th day of each month, a report for all members in good standing in the local on the first day of that month, together with all per capita taxes due to the California Federation of Teachers. This monthly report shall be made on the blanks furnished by the AFT for that purpose.
Section 3. Suspension and a Reinstatement
A local's per capita tax is due on or before the 15th of each month. When a local is two months in arrears, it shall be notified by the Federation. When three months dues are in arrears, it shall be considered in bad standing and lose voting privileges. When a local is four months in arrears, it shall be suspended and may be reinstated by a vote of the Executive Council upon payment of back per capitas.
Section 4. Special Assessments
Special Assessments may be levied by two-thirds vote at the State Convention or by the Executive Council. When the local is two months in arrears, it shall be notified by the Secretary-Treasurer.
Section 5. Staff Funding Program
a. Upon notification to the CFT, on or before July 1 preceding the budget year for which the staff funding program is to commence, any local or councils of locals that directly employs and compensates one or more professional staff persons shall receive a staff funding program from the CFT equal to the following formula:
1) Unit size - 1000 or fewer: Locals and councils of locals with a total unit or units of 1000 or fewer shall receive a staff funding program from the CFT equal to seventy percent (70%) of the first $11.53 of the per capitas paid to the CFT by the local or council of locals on a monthly basis.
2) Unit size - 1001 to 3000: Locals and councils of locals with a total unit or units of 1001 to 3000 shall receive a staff funding program from the CFT equal to sixty percent (60%) of the first $11.53 of the per capitas paid to the CFT by the local or council of locals on a monthly basis.
3) Unit size - 3001 and above: Locals and councils of locals with a total unit or units of 3001 and above shall receive a staff funding program from the CFT equal to fifty percent (50%) of the first $11.53 of the per capitas paid to the CFT by the local or council of locals on a monthly basis.
4) All locals and councils of locals that have non-certificated employees in their unit or are a unit of classified employees and that qualify for the CFT Staff Funding Program, shall receive staff funding from the CFT equal to seventy percent (70%) of the first $11.53 of the per capitas paid for non-certificated employees of the unit.
b. The base on the Staff Funding Program shall be automatically adjusted on September 1 of each year by the percentage increase in per capitas as set for in ARTICLE II, Section 1a.
c. Locals and councils of locals that employ part-time professional staff persons shall receive corresponding percentages of the staff funding formula specified in ARTICLE II, Section 5a 1), 2), and 3) of the By-Laws on a monthly basis. The staff funding formula per capita base specified in this section shall not include the CFT Legal Defense Fund or the COPE contributions (ARTICLE II, Section 1a, 6) and 7) By-Laws).
d. Locals and councils of locals staff working on employer paid release time shall not be covered by the provisions of ARTICLE II, Section 5a, 1), 2), and 3) of the By-Laws.
e. The salary rate of any professional staff person provided for in this section shall not be less than the minimum compensation of the full-time employees he/she represents. The employee benefits of such staff person and other conditions of employment shall be at least comparable to those of the full- time employee he/she represents. When any professional staff person is hired on a less than full-time basis, he/she will receive the pro rata salary and benefits of the corresponding full-time position.
f. The Executive Council may recognize a council of locals, consisting of locals from a contiguous geographical area, organized for the convenience of participating in the staff funding program. The establishment of these councils shall not effect the autonomy of each local, and each local may send its own delegates to convention and state councils.
g. As a condition of funding,
1. a local shall implement the pass through of AFT and CFTper capita
increases and notify the CFT of such implementation,
2. formula funded staff shall participate in training programs and work up to five (5) days, at the request of the CFT, to assist the CFT, other locals or organizing committees.
h. The Executive Council shall establish rules and regulations for the imple- mentation of this section.
Section 6. Travel Reimbursement for State Council
a. As of September 1991, a maximum of $50,000 will be available from CFT to fund the expenses of one delegate per local at the CFT State Council meetings.
b. The purpose of establishing this fund is to encourage the participation of more locals in the State Council, especially the participation of smaller locals.
c. The CFT Executive Council shall establish rules and regulations for implementing this section.
d. Reimbursement of appropriate expenses for eligible locals will be according to the following guidelines:
Size of Local %Reimbursement
1000 or more 50%
(not to exceed $3,000)
600-999 70%
(not to exceed $10,000)
300-599 80%
100-299 90%
(not to exceed $37,000)
Below 100 100%
e. Upon application, locals who are in good standing and eligible to vote at the State Council will receive reimbursement up to the CFT approved rate for eligible expenses at the appropriate level (See c and d).
f. Upon request, bargaining agent locals without agency fee shall be reimbursed at the next higher level of reimbursement.
The rules contained in Roberts' Rules of Order, newly revised, shall govern this Federation in all cases to which they are applicable and in which they are not inconsistent with rules regularly adopted by the Federation.
The procedures for amending the By-Laws shall be the same as the procedures for amending the constitution except that only a majority vote is needed to amend.
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Entered 7/31/96