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NCESP Constitution and Bylaws

NCESP Constitution and Bylaws as of September 2022.
Published: January 2016

ARTICLE I – NAME

The name of this organization shall be the National Council for Education Support Professionals (NCESP).

ARTICLE II – PURPOSE

The NCESP shall be a special interest council within NEA and shall have as its general purpose the representation of its members in all matters relating to Education Support Professionals (ESP). In order to accomplish these general purposes, NCESP shall have, among others, the following specific objectives:

A.    To speak with a common voice on all matters affecting ESP.

B.    To develop programs which, when implemented by NEA, will have a positive impact on the issues faced by ESP members.

C.    To impact the development and delivery of ESP training. The council shall make recommendations to NEA to improve the quality, development, and delivery of programs to ESP members.

D.    To identify and support candidates for NEA offices, as well as ESP At-Large candidates, who will actively work for implementation of NCESP adopted programs and positions.

ARTICLE III – MEMBERSHIP

SECTION 1 - ELIGIBILITY

A.    Individual membership in NCESP shall be open to anyone who is an active ESP member of the NEA.

B.    Organizational membership shall be open to all NEA State affiliates as well as all state affiliate locals. Organizations must have ESP memberships.

C.    Associate sponsorship in NCESP shall be open to any individual who is not currently an active ESP member.

D.    State Affiliate Sponsorship shall be open to NEA State Affiliates.

SECTION 2 – MEMBERSHIP YEAR

The membership year shall be from September 1 to August 31.

SECTION 3 – MEMBERSHIP DUES & SPONSORSHIPS

Annual individual membership dues for an NCESP member shall be
$25 and members are encouraged to pay their dues electronically. To be eligible to vote, dues must be paid, and organizational designated votes must be declared and endorsed by the organization prior to the start of an NCESP General Membership Meeting.
 
Annual organizational membership dues for an NCESP organization shall be:
1-100 members: $ 75.00 101-200 members - $150.00 201-300 members: $325.00 301-plus members: $400.00

Annual Sponsorship (non-voting) for a non-active ESP or other NEA member to become an NCESP sponsor shall be:
$15.00

Annual State Affiliate Sponsorships shall be:
Platinum    $500.00
Gold    $400.00
Silver    $300.00
Bronze    $200.00

SECTION 4 – INDIVIDUAL RIGHTS

The council shall not deny membership to individuals based on race, religion, creed, age, gender, sexual orientation, ethnic or cultural heritage.

SECTION 5 – VOTING RIGHTS

a.    To be eligible to vote as an individual member, dues must be paid one hour prior to the start of the General Membership Meetings. All individual members shall have one vote.

b.    To be eligible to vote as an organizational member, dues must be paid one hour prior to the start of the General Membership Meetings. The designee must be declared and endorsed by the organization prior to the start of the General Membership Meetings. The NCESP president shall be notified a week in advance of the General Membership Meetings of the organizational designee. The designee must be an active ESP member in order to vote. Organizational members shall have weighted votes that apply to policy items only.

c.    Annual organizational membership for an NCESP organization shall be:
1-100 members - 2 votes
101-200 members - 4 votes
201-300 members - 8 votes 301-plus members - 11 votes

d.    Associate Sponsorship (non-voting) in NCESP is open for a non- active ESP or other NEA member.

e.    Annual State Affiliate Sponsorship (non-voting) in NCESP is open to NEA State Affiliates.

f.    The NCESP Ballot Chair and Elections Chair shall be involved in all voting activities and shall report the results to the NCESP President.

SECTION 6 – MEMBERSHIP REPORTING

The council shall report membership numbers at the general membership meetings held in conjunction with NEA ESP Conference and NEA RA in the following manner:

a.    Number of eligible voting NCESP individual members (this number shall be recorded as the actual number of members of NCESP).

b.    List the organizational members and their membership numbers and who their designee is for voting purposes.

c.    Number of non-voting NCESP Individual sponsors.

d.    List the State Affiliate Sponsors and their level of membership.

e.    The member count shall reflect the actual individual members.

ARTICLE IV – POLICY MAKING BODY OF NCESP

The Council shall be the policy making body of NCESP. It also shall approve the budget as well as elect officers and regional directors.

Powers not specifically delegated to the officers and regional directors shall be vested to the Council.

ARTICLE V – OFFICERS AND REGIONAL DIRECTORS

SECTION 1 – OFFICERS AND REGIONAL DIRECTORS

The officers of NCESP shall be a president, vice president, secretary, and treasurer. The regional directors shall be Mid-Atlantic, Southeast, Midwest, Western, Pacific, and Northeast.

SECTION 2 – QUALIFICATIONS

Each candidate for office shall be an active Education Support Professional member of NEA and an active member of NCESP for 1 year prior to the May 1 deadline to declare candidacy.

SECTION 3 – TERMS OF OFFICE

a.    The president and secretary shall be elected to a three-year term on the same cycle. These officers may not serve more than two terms in the same office, not to exceed 8 years in the event of filling an interim position.

b.    The vice president and treasurer shall be elected to a three-year term on an alternate cycle of the year of the election of the president and secretary. These officers may not serve more than two terms in the same office, not to exceed 8 years in the event of filling an interim position.

c.    The regional directors shall be elected to three-year terms. These directors may not serve more than two terms, not to exceed 8years in the event of filling an interim position.

d.    The terms of office shall begin on September 1st in the year elected and the term will end on August 31.
 
e.    If a regional director changes region, that individual’s eligibility to hold office in that region ceases and the NCESP president shall declare that a vacancy exists.

f.    When a member of the Executive Committee changes his/her employment status or membership status during the term of office, said member shall resign his/her seat effective immediately.

g.    At the time a vacancy occurs, it shall be filled in the manner prescribed in the Bylaws, Article V, Section 5.

SECTION 4 – RESPONSIBILITIES AND DUTIES OF OFFICERS

a. Responsibilities and Duties of the President

1.    The president shall be the chief executive officer of NCESP.
2.    The president may call and shall preside at all meetings of the Executive Committee and at all General Membership meetings.
3.    The president shall sign contracts and other legal documents connected with the business affairs and professional activities of NCESP in its name.
4.    The president shall appoint all committees and task forces and may rescind appointments of chairpersons and members of committees and task forces with Executive Committee approval.
5.    The president shall be one of the authorized signatures for all NCESP accounts.
6.    The president shall be responsible to see that the budget/financial information be audited by the NEA biannually or in the event of the election of a new treasurer.
7.    The president and/or designee shall be the official representative and spokesperson for the NCESP except in such cases in which its function is specifically designated to another.
8.    The president shall approve vouchers in accordance with Article VI, Section 2g.
9.    The president may recommend NCESP members to outside organizations.
10.    The president shall have release time available, reimbursed by NCESP, if funded by the budget.
11.    The president shall serve as liaison to the NEA ESP Board of Directors.
12.    The president shall be an ex officio member of all NCESP committees and task forces except the ballot committee and the Election/Recommendation Review Committee.
13.    The president shall submit written reports to the NCESP General Membership meetings. The President shall submit a written report to the Executive Committee after every NEA Board Meeting.
14.    The president shall be responsible for welcoming and orienting new members of the Executive Committee in consultation with the other members of the Executive Committee.
15.    The president shall assign an officer to mentor new members of the Executive Committee.

b. Responsibilities and Duties of the Vice President

1.    The vice president shall assume the duties of the president in the absence of the president.
2.    The vice president shall coordinate the annual membership plan.
 
3.    The vice president shall be responsible for overseeing the assigned regions, regional directors, and the distribution of information in a timely manner.
4.    The vice president shall provide a written report for all General Membership meetings of all activities in his/her capacity as a representative of the council.
5.    The vice president shall perform any other duties and tasks assigned by the president.

c. Responsibilities and Duties of the Secretary

1.    The secretary shall keep the official minutes of all meetings and maintain the official files.
2.    The secretary shall prepare and distribute a packet of NCESP documents to all new members of the NCESP Executive Committee.
3.    The secretary shall be responsible for overseeing the assigned regions, regional directors, and the distribution of information in a timely manner.
4.    The secretary shall provide a written report for all General Membership meetings of all activities in his/her capacity as a representative of the council.
5.    The secretary shall perform any other duties or tasks assigned by the president.

d. Responsibilities and Duties of the Treasurer

1.    The treasurer shall assure that accurate accounts of receipts and disbursements are kept and shall prepare quarterly reports for both the Executive Committee and the general membership.
2.    The treasurer shall coordinate the collection of all dues at General Membership meetings and all other NEA activities or events.
3.    The treasurer shall chair the budget committee.
4.    The treasurer shall be one of the authorized signatures for all NCESP accounts.
5.    The treasurer shall provide a written report for all General Membership meetings of all activities in their capacity as a representative of the council.
6.    The treasurer shall be responsible for overseeing the assigned regions, regional directors, and the distribution of information in a timely manner.
7.    The treasurer shall perform any other duties or tasks assigned by the president.

e. Responsibilities and Duties of the Regional Directors

1.    The regional directors shall represent their regions at all NCESP meetings.
2.    The regional directors shall maintain regular communication with the state contact and member associations within their region.
3.    To provide the NCESP president with a list of qualified candidates from NCESP membership and to actively promote the appointment of those members to appointed bodies.
4.    The regional directors shall assist the treasurer with the collection of dues at all General Membership meetings and other NEA activities or events.
5.    The regional directors shall provide written reports for all General Membership meetings of all activities in his/her capacity as a representative of the council.
6.    The regional directors shall perform other duties as assigned by the president.

SECTION 5 – SUCCESSIONS AND VACANCIES

a.    The vice president shall act in the absence of the president and, in the case of death or resignation of the president, shall succeed for the unexpired term. If for any reason the vice president cannot fulfill the succession, an interim successor shall be elected from the Executive Committee until a successor can be elected at the next Annual Meeting of the NCESP at which time an election(s) will be held to fill the unexpired term.

b.    In the event of a vacancy in the office of vice president, secretary and/or treasurer, an interim officer shall be elected from and by the Executive Committee until a successor can be elected at the next Annual Meeting of the NCESP at which time an election(s) will be held to fill the unexpired term.

c.    In the event of a vacancy in the office of regional director, the president, with approval of the Executive Committee, shall appoint an interim director until the next Annual NCESP Meeting at which time an election(s) will be held to fill the unexpired term.

SECTION 6 - RECALL AND REMOVAL OF OFFICERS AND REGIONAL DIRECTORS

An officer or regional director may be recalled or removed from office at any regular annual meeting of the Council in a secret ballot by a two-thirds (2/3) vote of the ballots cast by delegates present and voting. Forty-five days prior to any regular scheduled meeting, a petition specifying charges and requesting such an election must be signed by 40% of active NCESP members and must be filed with the NCESP Secretary. Notification of this ballot, with charges, shall be mailed to all members 30 days prior to scheduling meeting.

ARTICLE VI – EXECUTIVE COMMITTEE

SECTION 1 – MEMBERSHIP

a.    Members of the Executive Committee shall be voting members, including the president, vice-president, secretary, treasurer, regional directors, and ethnic minority director-at-large (if necessary).

b.    If no ethnic minorities are elected to the Executive Committee of the NCESP, there shall be a special election at the RA, for the purpose of electing an ethnic minority director-at-large for a one- year term. This person must be a minority as defined by the U.S. Bureau of Census.

SECTION 2 – RESPONSIBILITIES AND DUTIES OF THE EXECUTIVE COMMITTEE

a.    The Executive Committee shall assist the president in identifying members for NEA committees and task forces.

b.    The Executive Committee shall receive and review committee or task force plans and, as appropriate, relevant NEA committee or task force documents, and, as appropriate, act upon committee recommendations.
 
c.    The Executive Committee shall work with the president to review appointments to NCESP and NEA committees and task forces and shall have the right to make recommendations to the president for rescission of any appointment.

d.    The Executive Committee shall implement programs adopted at all official meetings of NCESP.

e.    The Executive Committee shall determine policy between official meetings of NCESP.

f.    The Executive Committee shall carry out all policies and programs in accordance with NCESP Constitution and Bylaws.

g.    The president and treasurer shall approve all vouchers, except for his/her own voucher. The president and secretary shall approve the treasurer’s voucher. The treasurer and secretary shall approve the president’s voucher.

h.    The Executive Committee shall submit a proposed budget to the membership at an NCESP meeting held in conjunction with the NEA Representative Assembly.

i.    The Executive Committee shall fill vacancies occurring in the offices of vice president, secretary and/or treasurer per Article IV section 5b.

j.    The Executive Committee shall determine the date and location of NCESP meetings.

k.    The Executive Committee shall report its actions to the members.

SECTION 3 – STANDING COMMITTEES

a.    The Ballot Committee shall be responsible for handing out ballots, maintaining and monitoring the ballot box, and the tabulation of ballots. The committee shall consist of three current active members of the council which include the Ballot Chair and two members appointed by the chair. The chair shall be appointed by the NCESP president with the approval of the executive committee. The two members appointed by the Ballot Chair shall not be from the same state or region and must be in good standing with the council including full NCESP membership for one year. The chair and two committee members cannot be current members on the Executive Committee or the NEA Board of Directors at the time of the appointment. Appointed committee members shall not be involved in any NCESP candidate election or involved in any candidate’s campaign seeking a recommendation from NCESP.

b.    The Election Review Committee shall consist of four council members, and all must be in good standing and appointed by the NCESP president with the approval of the Executive Committee. The members of the committee shall consist of the election chair, ballot chair, and one member from the Executive Committee and one member that currently serves as an NEA ESP Board of Director that is active member of the Council. Appointments to the committee shall not be from the same state or region. The committee shall receive all election challenges/ complaints through the election chair within 30 minutes prior to the announcement of qualified candidates. The committee will convene 30 minutes after adjournment of the meeting to review the merits of a challenge and render a decision to the president or the president’s designee. No member serving on this committee shall not be involved in any NCESP candidate election or involved in any candidate’s campaign seeking a recommendation from NCESP.

c.    The Interview Committee will consist of members of the Executive Committee. Any member of the Executive Committee that is involved or has endorsed a candidate that is seeking the council’s recommendation shall recuse themselves from the committee. The committee will develop a screening process that will include an interview and questionnaire. The Interview Committee Chair shall be the president or the president’s designee. The committee shall bring a recommendation at the General Membership meeting at the ESP Conference for NEA officers and the NEA Executive Committee only if the candidate receives a 2/3 vote of the committee. The committee shall bring a recommendation held prior to the NEA Representative Assembly for ESP at-large directors only if the candidate receives a 2/3 vote of the committee.

ARTICLE VII – MEETINGS

SECTION 1- EXECUTIVE COMMITTEE MEETINGS

The Executive Committee shall meet at least two times yearly. Any officer or regional director of the Executive Committee may be removed by action of the Executive Committee after two consecutive absences.

SECTION 2 – MEETINGS

The Council shall meet at least twice yearly. The date and location for the first meeting shall be determined by the Executive Committee. The second meeting shall be held in conjunction with the NEA Representative Assembly.

SECTION 3 – QUORUM

A quorum shall consist of a majority of the members and member association representatives registered at an official NCESP Council meeting.

SECTION 4 – QUORUM OF THE EXECUTIVE COMMITTEE

A quorum of the Executive Committee shall be a majority.

SECTION 5 – STANDING RULES

The Executive Committee shall submit standing rules, when established, to the body. Adoption shall require a two-thirds vote of those members and member association representatives present and voting.

SECTION 6 – PARLIAMENTARY AUTHORITY

The current edition of Robert’s Rules of Order, Newly Revised shall be the parliamentary authority of the NCESP Council, subject to the Bylaws and such special rules that have been adopted.

ARTICLE VIII- ELECTIONS PROCEDURES, BALLOTING, AND RECOMMENDATIONS

SECTION 1 – NCESP ELIGIBILITY FOR ELECTIONS

a.    Candidates for NCESP office shall be elected at the meeting held in conjunction with the NEA Representative Assembly.
b.    Any candidate who has completed the council’s officer and regional director candidacy form by May 1, has all documents verified by the election chair, and has been an active member of NCESP for one year prior to the May 1 deadline, shall be eligible to run for office.
c.    All candidates running for office must be formally nominated by an NCESP member during the General Membership meeting prior to the NEA Representative Assembly.
d.    All speeches shall be 3 minutes for each candidate.
e.    All candidates that have been verified by the elections chair will have their name and candidate statement published in the NCESP newsletter prior the NEA Representative Assembly. The candidate statement shall not exceed 125 words.
f.    The president, vice president, secretary, treasurer, and ethnic minority director, if applicable, shall be elected by all eligible members present and voting.
g.    The regional directors shall be elected by eligible members from the appropriate region present and voting.
h.    NCESP campaign materials must meet NEA guidelines and are not allowed in the voting area.
i.    Candidates for office who fail to achieve a majority vote will be involved in a runoff election in which plurality will determine the outcome.
j.    The ballot committee shall count the votes. The results shall be reported immediately to the president and all present candidates.
k.    Uncontested elections shall be awarded by acclamation.

SECTION 2 – NCESP RECOMMENDATIONS OF NEA OFFICERS AND NEA EXECUTIVE COMMITTEE AND NEA ESP AT-LARGE DIRECTORS

a.    Candidates seeking NCESP Recommendation must file the appropriate papers with the National Education Association.
b.    Candidates must be interviewed and fill out a questionnaire in order to receive the NCESP Recommendation.
c.    Candidates’ campaign committees are fully responsible for the arrangements for their own campaign activities during the NCESP Conference.
d.    Candidates will be allowed to distribute campaign literature.
e.    The NCESP name may be used on campaign literature if the candidate received the recommendation.
f.    Copies of the recommendation procedures will be mailed to each candidate upon request.
g.    All candidates for NEA ESP At-Large Director shall have three
(3) minutes to address the membership if they are current members. All other candidates shall have one (1) minute to address the membership.

SECTION 3 – OPTIONS FOR RECEIVING THE NCESP RECOMMENDATION

Option 1 – Membership Determines the Recommendation

a.    Candidates will be allowed a 3-minute speech before the membership during a council meeting prior to the NEA ESP Conference. Candidate questionnaires will be provided to members present at the General Membership meeting.
 
b.    At the end of the speeches, secret ballots will be provided to NCESP members.

c.    The NCESP ballot committee will be responsible for counting the ballots.

d.    A majority of the votes shall be required for NCESP to recommend that candidate for the specific office.

e.    NCESP will announce its recommendation for NEA Officers and NEA Executive Committee at the end of the General Membership meeting at the NEA ESP Conference and all other recommendation shall be announced at the end of the General Membership meeting at the NEA Representative Assembly.

Option 2 – NCESP Officers Determine the Recommendation

a.    This process will be used only if there is no opportunity for the NCESP to hold a business meeting prior to the NEA ESP Conference.

b.    NCESP officers will develop a screening process for which candidates will need to participate. This process could be one or both: interviews and/or questionnaire.

c.    NCESP officers will go into executive session to review documents and vote on the recommendation. A 2/3 majority of those present and voting shall be required for the officers to recommend to the membership the NCESP Recommendation of a candidate.

d.    Candidates will be notified of the results by the NCESP president.

e.    The screening process will be outlined and presented to the membership at the next meeting and placed in the minutes.

f.    Candidates will receive the council’s recommendation upon receiving a majority of the votes.

g.    The Executive Committee may bring a recommendation for NEA At-large candidates. This process shall take place at the NCESP membership meeting at the NEA Representative Assembly. Candidates will receive the council’s endorsement upon receiving a majority of the votes.

SECTION 4 - ELECTION AND RECOMMENDATION CHALLENGES

a.    All complaints/ challenges shall be provided in writing at least 30 minutes prior to the announcement of qualified candidates or 30 minutes after adjournment of the NCESP General Membership meeting.

b.    All challenges will be given to the election chair and the committee will render a decision to the president who will notify the challenger of the decision.

c.    The challenger can appeal, and such appeal will go directly to the NCESP Executive Committee whose decision will be final.

ARTICLE IX – AMENDMENTS

SECTION 1 – VOTING

These Constitution and Bylaws may be amended at the Regular Annual Meeting of the NCESP, in conjunction with the NEA RA, through a secret-ballot vote by a two thirds (2/3) vote of the ballots cast by delegates present and voting.

SECTION 2 – SUBMITTAL

Any proposed amendment to these bylaws shall be sent to the president of NCESP by May 1. Copies of the proposed amendment must be sent to all Organizational and Individual members at least 30 days prior to the council meeting.

SECTION 3 – NON-SUBSTANTIVE CHANGES

The Executive Committee is authorized to make non-substantive housekeeping changes to these Bylaws.

ARTICLE X – COUNCIL DISSOLUTION

Upon the dissolution of the National Council for Education Support Professionals, all assets belonging to the Council will be transferred to the National Education Association. Any assets transferred should be earmarked for Education Support Professionals programs.

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