CONSTITUTION and BYLAWS
KIRKWOOD FACULTY ASSOCIATION
Constitution as amended 02-12-98
Bylaws amended 12-10-98
Bylaws amended 5-10-12
Article I - Name
The name of this association shall be the Kirkwood Faculty Association.
Article II - Objective and Purposes
The objectives and purposes of the Association are:
Section 1 - To represent appropriate employees of Kirkwood Community College in their employment relations.
Section 2 - To work for the welfare of all Kirkwood Community College Faculty through the coordination of policies and provision of leadership in the development of common goals and programs.
Section 3 - To work for the advancement and improvement of educational opportunities for all community college students.
Section 4 - To promote the economic, social, and civic status of Association members.
Section 5 - To develop leadership and to encourage professional attitudes on the part of Association members.
Article III - Membership
Section 1 - Active Membership
To be an active member of the Kirkwood Faculty Association a person must:
(1) Pay the dues of the Association.
(2) Be an active member of the Iowa State and the National Education Associations.
(3) Be an employee of Kirkwood Community College on a contract of at least six months duration.
(4) Be engaged in educational work of a professional nature, having as his principal duties teaching and/or counseling and/or program coordinating and/or providing library services.
Section 2 - Special Membership
A) .Special membership in this Association shall be open to all persons who are part-time professional employed on contracts of less than six months who are certified by the State Department of Education to teach, counsel, and/or coordinate programs at the community college level.
B).Special members must pay dues of the Kirkwood Faculty Association and be members of the Iowa State and the National Education Association.
C).Special members shall have all the rights and privileges of active membership except the right to vote, to hold elected office, or to represent the Association at UniServ, state, or national assemblies.
Section 3 - Honorary Membership
A).Honorary membership may be extended to retiring members or to anyone whom this Association shall select because of a special interest in education. No dues shall be assessed.
B).Honorary members shall have all the rights and privileges of active membership except the right to vote, to hold elected office, or to represent the Association at UniServ, state, or national assemblies.
Section 4 - General Provision
A).Membership shall not be denied any employee of Kirkwood Community College, who is otherwise eligible, because of age, race, sex, religion, physical disability, or national origin.
B).Membership shall be continuous until the member’s employment causes his membership eligibility to change, or until he leaves the employment of Kirkwood Community College, resigns in writing from the Association, or fails to pay membership dues.
Section 5 - Revocation of Membership
A).The Executive Board (as defined in Article V) may suspend from membership rights or expel any member whom they find in willful violation of the constitution and bylaws after a full and fair investigation.
B).Any member in good standing has the right to file a complaint alleging such violations of the constitution and bylaws. Such complaints shall be in writing and submitted to the President of the Association.
C).Any member so charged with violations of said constitution and bylaws shall be notified in writing of the time and place when the Executive Board shall hear the charges. She/He shall also be notified that she/he shall have the right to be present with counsel of his/her choice during such meeting and shall have the right to cross-examine witnesses and to offer other testimony judged beneficial to his/her defense.
D).The Executive Board hearing shall not be sooner than five (5) school days following notification to the accused that she/he has been charged. Such notice shall include a copy of the submitted charges.
ARTICLE IV - OFFICERS
The officers of this Association shall consist of a president, president-elect, past president, secretary, and treasurer, all of whom must be active members of the Kirkwood Faculty Association.
ARTICLE V - EXECUTIVE BOARD
Members of the Executive Board shall be active members of the Kirkwood Faculty Association and shall consist of the officers, and nine members at large. It shall be the executive authority of the Association.
ARTICLE VI - AFFILIATION
This Association shall be an affiliate with the Iowa State Education Association and the National Education Association.
ARTICLE VII - AMENDMENTS
The General Membership may adopt amendments to this constitution by a two-thirds majority of those voting at any regular meeting provided that amendments have been introduced at the preceding regular meeting of the General Membership and that copies of the amendments have been immediately distributed to members of the Association.
THE KIRKWOOD FACULTY ASSOCIATION
ARTICLE I - RULES OF ORDER
Robert’s Rules of Order Revised shall be the authority of all questions of procedure not specifically stated in the Constitution or Bylaws.
Article II - Meetings
Section 1 - General Membership Meetings
The Executive Board shall call not less than six General Membership meetings per year.
Section 2 - Special Meetings
The President shall call a special meeting when a need of special importance arises. A special meeting shall be called upon demand of any five (5) members, exclusive of the elected officers, regardless of the wish of the President.
Section 3 - Quorum
For any general and special meeting of the association a quorum shall consist of those members present and voting.
Section 4 - Voting Procedures
The voting procedures shall provide for the following methods of voting: Voting in person at the general meeting, voting by absentee for those not able to attend the general meeting, and e‑mail voting.
The voting procedures are as follows: The Executive Committee shall have the authority to determine which of the voting procedures will be used for each major motion or major action of the Association. The Executive Committee must notify the membership at least one (1) week in advance of the meeting as to which method or methods will be used.
ABSENTEE BALLOT: Each member shall be authorized to vote by absentee, provided the request for the ballot is received not less than three (3) days prior to the meeting at which the vote is to be taken, and the ballot returned to the president prior to the meeting.
The approved form for such a vote is as follows:
I, _____________________(name), hereby request an absentee ballot, as I am unable to attend the KFA general meeting scheduled for ___________________ (date)
signature and date
E‑MAIL: Voting by e‑mail will be accomplished by sending the vote to the designee determined by the Executive Board. The vote will be done in the header of the e‑mail under subject.
For example: If the vote was a vote on an amendment to the bylaws, and if Wgrove was the designee for this vote, and Darrel Millard was voting and was voting yes on the amendment, the header would appear as follows:
From: Darrel Millard
Date: Wed., Nov. 18, 1998 4:14 PM
Subject: amendment to bylaws Yes
The person receiving the votes will retain the results of the vote for one week following the announcement of the results. If a member challenges the results of the vote, he/she may appeal to a member of the Executive Committee and request an audit. Upon receiving the request for an audit, an appeal committee will be appointed by the President to review the results. The names of the voting members will be deleted to insure anonymity.
Article III - Dues
The annual dues of the Kirkwood Faculty Association will be determined annually by the General Membership after the adoption of the Association program and budget.
Article IV - Fiscal Year
The fiscal year of the Kirkwood Faculty Association shall begin on the first day of September and end on the thirty-first day of August each year. The President shall appoint an audit committee to audit the books annually.
Article V - Duties and Term of Office
Section 1 - President
The president shall preside over meetings of the Executive Board and the General Membership, appoint special committees, appoint all Association committees with the approval of the Executive Board, be an ex-officio member of all Association Committees, and be the executive officer for the Association. The President shall appoint a parliamentarian for each general meeting. The President shall represent the Association before the public either in person or through delegates and shall perform all other functions usually attributed to this office.
Section 2 - President-Elect
The President-Elect of the Association shall perform those duties usually attributed to the office of Vice-President. She/He shall work closely with one or more standing committees as the President may direct. She/He shall ascend to the office of President upon completion of his/her term of President-Elect.
Section 3 - Past President
The Past President of the Association shall assist the President in the business of the Association. She/He shall work closely with the President to insure the President-Elect is trained and familiar with the issues of the association upon taking the Presidency.
Section 4 - Secretary
The secretary shall keep accurate minutes of all meetings of the Executive Board and the General membership. In addition, the secretary shall maintain official files, assist the President with Association correspondence and distribute the agendas in advance of each meeting.
Section 5 - Treasurer
The treasurer shall hold the funds of the Association and disburse them upon authorization by the Executive Board. She/He shall bill members for their dues. She/He shall maintain a roll of the members. She/He shall keep accurate accounts of receipts and disbursements, report to each meeting of the General Membership and prepare an annual financial statement for publication to members as directed by the Executive Board. She/He shall present the records of the Association for an annual audit.
Section 6 - Term of Office
A. All terms of office shall begin June 1 and have tenure of one year, with the exception of the Past President whose term expires June 1.
B. The President will use the negotiated release time during his/her year in office. Under special circumstance the Executive Board may make exceptions to this policy.
C. When a vacancy occurs in any office, the Executive Board shall nominate a member or members and shall present the nominee or nominees at the next general meeting of the Association. Additional nominations may be received from the floor. A majority of active members present and voting by secret ballot shall be required for approval.
Article VI - Duties of the Executive Board
The Executive Board shall be responsible for the management of the Association, shall carry out policies established by the general membership, and shall report its transactions to the general membership. Expenditures of the Association shall be approved by the Executive Board. Any expenses over $100.00 except for approved budget items and dues paid to ISEA and NEA, shall be approved not only by the Executive Board, but also by a majority vote of the active membership present at any general membership meeting. In addition, the Executive Board shall present the annual budget for approval at the May General Meeting
Article VII - Nomination and Election of Officers
Section 1 - Nomination
The President shall appoint a nominating committee of a minimum of three (3) members of the Association. This committee will recommend two candidates each for the offices of President-Elect, Secretary, Treasurer, and for each of the three at large Executive Board members whose three year terms have expired. The committee shall make its recommendations prior to the April meeting, at which time the election is to take place. Additional nominations may be received from the membership at the March general meeting.
Section 2 - Election
Officers, (not including the Past President and President) and three Executive Board members-at-large shall be elected by secret ballot. For officer and at-large executive board member elections, the members will be sent a ballot, a sheet with the candidates’ brief statements, and two envelopes. The outer return envelope is to be addressed to the election clerk appointed by the executive board, and the outer envelope must also show the name and return address of the voter. The inner secrecy envelope will contain the marked ballot which the voter will seal after marking and enclosing his/her ballot. The ballots will be counted at the April general meeting using the following procedure. At the meeting, the election clerks will open the outer envelope after making sure it is from a member. The still sealed inner envelope will be put in a ballot box until all of the outer envelopes have beenopened. Then the election clerks will open the secrecy envelopes and tally the results. Results will be announced at the end of the general meeting.
Ballots will be sent to faculty members’ campus addresses. Campus mail or US mail can be used to return the ballots. Ballots must be sent out ten days before the April general meeting. Ballots will have to be received back by 5:00 the day before the April meeting. No ballots will be accepted at the meeting. Ballots must be retained for ten days after the election and then destroyed if no challenges are made. Each candidate will be allowed to furnish for enclosure with the ballot a brief statement of his/her service, qualifications, and platform provided all candidates are accorded equal opportunity and space.
Officers and Executive board members at large shall be elected by a majority vote of the active members voting.
At any previous general meeting of the school year, the membership may authorize the election of officers and board members be done via email or with other electronic software provided that the system used for electing officers and board members provides for a secret ballot. Voting to allow going to an electronic system must be done at a general meeting that allows absentee ballots. The absentee balloting procedure is described in Section 4—Voting procedures of these by-laws.
Article VII - Nomination and Election of Officers
Section 1 - Nomination
The President shall appoint a nominating committee of a minimum of three (3) members of the Association. This committee will recommend two candidates each for the offices of President-Elect, Secretary, Treasurer, and for each of the three at large Executive Board members whose three year terms have expired. The committee shall make its recommendations prior to the April meeting, at which time the election is to take place. Additional nominations may be received from the membership at this meeting.
Section 2 - Election
Officers, (not including the Past President and President) and three Executive Board members-at-large shall be elected by secret ballot available to all active members at the membership meeting in April. Officers and Executive board members at large shall be elected by a majority vote of the active members voting.
Section 3 - Conflict of Interest
Any member applying for an administrative position who is chairperson of a Kirkwood Faculty Association Committee or Officer of the Faculty Association shall withdraw from an active role on that committee until his/her continuing unit status is determined.
Article VIII - General Financial Accountability
Section 1 - Conflict of Interest
There shall be no business or financial conflict of interest by any of the officers or agents of this Association or members of their immediate family.
Section 2 - Preferential Loans
This association shall prohibit payment of any preferential loans of Association money to officers or agents of the Association.
Section 3 - Open Records
All financial records shall be open for inspection by any member in good standing of this Association upon written request and reasonable notice.
Section 4 - Bonding of Agents of the Association
All officers and agents of this Association shall be bonded according to regulations developed by the Iowa Employee Relations Board.
Section 5 - Political Contributions
This Association shall not make any contributions of dues to any political party, organization, or individual candidate.
Article IX - Amendments
These bylaws may be amended by a majority vote at any regular meeting of the General Membership provided that proposed amendments have been sent to members one (1) week in advance of the meeting.