Constitution & Bylaws

UTLA CONSTITUTION

 

INTRODUCTION

1. The UTLA Constitution was written with the assumption that a merger of the American Federation of Teachers and the National Education Association would soon occur. The Implementation Section of the Constitution was intended to govern the functioning of UTLA until a national merger came to pass. Because there has been no such merger, the Implementation Section is still in force. Where the Constitution and the Implementation Section conflict, the Implementation Section takes precedence. Such conflicts are footnoted.

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2. Footnoted sections refer the reader to the section entitled "Notes", Page 51.

3. The research for this printing of the Constitution revealed errors that had appeared in the four previous printings. Article IX, Section 1, and Article XIII were amended on the floor of the House of Representatives when the Constitution was originally drafted. Those amendments were not accounted for in previous editions.

4. Pursuant to UTLA policy adopted June 2, 1976, the pronoun usage in the Constitution has been altered so that it will be non-sexist. Pronouns such as "he/she" and "her/his" have been substituted in all cases where a pronoun expressing single gender had been used previously. As in the above examples, an effort has been made to alternate the pronouns so that those with masculine gender will be first as often as those with feminine gender.

5. This edition of the Constitution is designed to be updated as new constitutional language is ratified. The three-ring binder format allows for replacement of obsolete sections without requiring a new printing of the entire document.

6. Special thanks are extended to Lila Dawson-Weber, Cathy Golliher, and Mary Katz for their assistance in compiling this document. Compiled for the UTLA Information and Research Center by Edgar Cowan, Warren Fletcher, and Paul Huebner. (Latest edition, 2005, by Ana Valencia, UTLA Secretary)

 

PREAMBLE

We, the members of UNITED TEACHERS LOS ANGELES (UTLA), establish this Constitution and Bylaws to:

Promote the economic and professional welfare of our members by:

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  • Attracting and maintaining highly qualified school staffs through the best salary schedule possible.
  • Improving retirement, medical, and other fringe benefits.
  • Increasing the professional competence of our members through continued education.
  • Actively seeking contractual agreements covering all phases of our employment.
  • Defend and protect all our members from unwarranted attack from within and without the educational institution.
  • Promote the professional autonomy of our members.
  • Support public education as a social institution through cooperative efforts with the community, the students, the Board of Education and its administrative staff, and other public school employee groups.
  • Support the integration of staff and student bodies.
  • At the state and national levels, actively support movement toward a single united teacher organization.
  • Teach, foster, and practice the concepts contained in the Bill of Rights.

 

ARTICLE I - AFFILIATION

UTLA shall give first priority to membership action and services to the local level. For added strength:

Section 1: The organization shall be affiliated with the National Education Association (NEA) and the American Federation of Teachers (AFT).

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Section 2: The organization shall be affiliated with the California Teachers Association (CTA) and the California Federation of Teachers (CFT).

Section 3: The organization shall be affiliated with the AFL-CIO through those members who select the AFT-CFT state and national affiliations.

Section 4: Should one or another or any combination of the state and national organizations above withdraw from affiliation with UTLA, the House of Representatives, on recommendations from the Board of Directors, shall establish by two-thirds (2/3) vote of members voting, a new or different system of relationships, if necessary, with the remaining affiliated organizations. (added by membership vote, September 1, 1971)

 

ARTICLE II - MEMBERSHIP

There shall be three (3) classes of membership: 1) active and voting members, 2) retired members, and 3) special and non-voting members. (amended May 2, 1990)

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Section 1 - Active Members: Active membership shall be available to all certificated members of the Los Angeles City School District, and any successor districts resulting from any reorganization thereof or secession therefrom (amended by 2/3 majority of the 1/27/99 HOR) whose basic assignment is classroom teaching, or whose basic assignment does not require an administrative or supervisory credential and who do not supervise other teachers. (amended June 2, 1976).

Active membership shall also be available to all certificated members of independent or dependent charter schools within the boundaries of the Los Angeles Unified School District (or any successor districts resulting from any reorganization thereof or secession therefrom) whose basic assignment is classroom teaching, or whose basic assignment does not require an administrative or supervisory credential and who do not supervise other teachers. (amended by 2/3 majority of the 1/27/99 HOR)

a. As a condition of membership in UTLA, a certificated employee must also be a member of the California Teachers Association and the National Education Association or be affiliated with UTLA with the California Federation of Teachers and the American Federation of Teachers, AFL-CIO.

b. Dues for Active Members:

1. The dues of UTLA shall be one and one-half percent of the basic salary schedule (Step 2-B) and shall include membership in the state and national organizations as each member chooses. The actual dues shall be rounded off to the lower dollar figure, and any change in the dues structure must be voted on by the membership.

2. The dues for children's center child development teachers shall be one and one-half percent of their basic salary schedule (Schedule 15, Step 1) on ten months' basis or equivalent. Children's center lead teachers shall pay the same dues as those paid by full-time elementary and secondary teachers under Article II, Section 1(b)(1).

The dues for long term substitutes shall be one and one half percent of their basic salary schedule (Schedule VI-A, Step 1) or equivalent.

The dues for day-to-day substitutes, members on sabbatical leave, members on half-time assignment, children's center teachers who work four hours a day or less, and adult teachers whose sole assignment is in the adult education division and who serve less than twelve and one half hours per week, shall pay an amount equivalent to one-half the active member's dues. (amended January 17, 1976, December 1, 1976, and April 24, 1985)

3. UTLA shall have as its objectives, in addition to the objectives set forth elsewhere in this Constitution, to engage in legislative, political and educational activities which further, directly or indirectly, the interests of the membership of UTLA. UTLA in accordance with the provisions of this Constitution may expend funds for all the purposes and objectives set forth in this Constitution and for the additional objectives set forth in this section, such as political, educational, and legislative activities. (Sub-section b amended September 23, 1974)

c. Privileges of Active Members

1. The right to vote on all matters submitted to membership.

2. Eligibility to elective and appointive office.

3. Attendance at meetings where the business of UTLA is conducted, except when an executive session is called.

4. The receipt of UTLA publications and publications of affiliates.

5. The services of the UTLA staff and affiliates.

Section 2 - Special memberships: Special members shall be privileged to participate in UTLA services except that they shall not have the privilege of voting or holding office.

a. Retired: Any person who has been an active member of UTLA for at least one year immediately prior to retirement may become a member of UTLA-R.

Dues for UTLA-R members:

1. Those who pay a one-time fee of one-half the regular annual UTLA dues.

2. Those who pay 1/25th the regular annual UTLA dues. 

3. The dues stipulated in sections (1) and (2) above can be changed if the UTLA-R Steering Committee and the UTLA Board of Directors, in separate votes, concur by a 2/3 vote of the total members of the UTLA-R Steering Committee as defined in the UTLA-R by-laws and a 2/3 vote of the total members of the UTLA Board of Directors.
Existing life members at the time of the organization of UTLA-R are fully paid-up members of UTLA-R and will not be charged additional fees for membership in the future.

b. Associate: Any person interested in public education who is not eligible to become an active member may become an associate member if recommended by an active UTLA member and approved by the Board of Directors.

c. Honorary: The Board of Directors, with the approval of the House of Representatives, may award honorary membership to any person who has rendered conspicuous service to the public schools of Los Angeles or to the cause of public education in general.

d. Dues of Special Members: Dues for retired teachers shall be one year's annual dues for lifetime retired membership. Dues for associate members shall be one-fourth the regular annual dues. Such members shall not be members of the state and national affiliations without payment for such affiliation.

Section 3 - Fiscal Year: The fiscal year shall be September 1 to August 31. (amended September 18, 1974 and December 1, 1976)

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

Section 4 - Certificate of Membership: Each active UTLA member and those in the category of special membership shall be furnished membership certificates for the year in which their dues are paid.

Section 5 - Obligations of Members:

a. Prompt payment of dues as required by the Constitution.

b. Active support of the stated purposes of the Constitution of UTLA.

c. Adherence to the UTLA code of professional ethics as established and approved by the House of Representatives.

 

ARTICLE III - OFFICERS

Section 1 - Composition: The officers of UTLA shall be the Executive Officers as hereinafter defined, along with all directors. The Executive Officers shall be the President, First Vice Presidents, Elementary Vice President, Secondary Vice President, Treasurer, and Secretary. Other offices may be created as deemed necessary by a two-thirds (2/3) vote of the House of Representatives, providing a quorum is present. Officers shall be elected by the general membership. (amended October 30, 1985)

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Section 2 - Term of Office:

a. The officers shall be elected by the UTLA members by secret ballot. Elections shall be held in the spring of each third year of the term of office. Time and procedures of the election which are not otherwise specified in these Bylaws shall be determined by the Board of Directors. (amended March 23, 1994)

b. The term of office shall be for three consecutive years running from July 1st of the first year to June 30th of the third year. (amended April 24, 1985, and March 23, 1994)

c. All officers who are on part- or full-time release shall be limited to two (2) consecutive terms in the same office. (amended November 11, 1987, and March 23, 1994)

Section 3 - Qualifications:

a. A candidate for office shall have been an Active Member for at least two (2) years prior to the date of the election.

b. The Elementary Vice President and Secondary Vice President shall be nominated from their respective teaching levels.

Section 4 - Elections:

a. The officers shall be elected by the UTLA members by secret ballot. Elections shall be held every three (3) years in the spring semester of each third year of the term of office. Time and procedures of the election which are not otherwise specified in these Bylaws shall be determined by the Board of Directors. (amended February 13, 1974, April 27, 1983,and March 23, 1994)

b. An election committee of at least five (5) shall be elected by the House of Representatives to staggered terms of 2 and 3 year duration at a meeting no later than two (2) months prior to the election to run and officiate the election. The committee's duties shall include the handling of nomination procedures and authentication of petitions, the preparation, distribution, collection, and tabulation of ballots. (Items in italics amended January 23, 2002 HOR)

c. All candidates for UTLA offices shall be nominated by presentation of a signed statement declaring their intention to run. This will be the only means of nominating a candidate. (amended June 2, 1976)

Section 5 - Powers and Duties:

a. President: The President shall have the following powers and duties, subject to the direction and policies established by the House of Representatives.

1. To preside at all meetings of the Board of Directors.

2. To preside at all meetings of the House of Representatives.

3. To call special meetings of the Board of Directors upon request of six (6) or more directors with six (6) days' written notice to all members of the Board of Directors.

4. To call special meetings of the House of Representatives upon request of the Board of Directors or on petition of fifty (50) members of the House of Representatives with six (6) days' written notice to all members of the House.

5. To sign contracts and other instruments connected with the business affairs and professional activities of UTLA, subject to guidelines of the House of Representatives and subject to the Board of Directors' approval.

7. To make reports of activities of the Board of Directors, the House of Representatives, and the membership.

8. To serve as the official representative of UTLA.

9. To be an ex-officio voting member of all committees of UTLA.

10. To perform such duties as may properly pertain to his/her office as provided elsewhere in the Bylaws or standing rules.

11. To direct the planning of the meetings of the House of Representatives and such other conferences and meetings as may be sponsored by UTLA.

b. First Vice President3: The First Vice President shall preside at all meetings when the President is absent or disabled or when designated by the President. When so acting, the First Vice President shall have all the powers and be subject to all restrictions of the President. The First Vice President shall also have the following powers and duties:

1. To represent the President at her/his request at meetings and conferences sponsored by UTLA.

2. To assist the President in the administration of the activities of UTLA.

3. To authorize by his/her signature all expenditures of money approved by the appropriate body and drawn on the treasury, subject to guidelines of the House of Representatives and subject to Board of Directors' approval.

4. To be an ex-officio voting member of all committees of UTLA and to aid and maintain the fulfillment of all duties, functions and reports of the several committees.

5. To serve as chairperson of the Calendar Committee and the Program Committee of the Board of Directors.

6. To perform such duties as are assigned by the Board of Directors.

7. To perform such other duties as may properly pertain to the office of First Vice President as provided elsewhere in these Bylaws and standing rules.

c. Elementary and Secondary Vice Presidents: Should either the President or First Vice President be absent or disabled, the Elementary and then Secondary Vice President shall preside at all meetings and assume all the duties of the President in the rank order listed above. The Elementary and Secondary Vice Presidents shall have the following powers and duties:

1. To represent and serve the President at meetings and conferences especially connected to their respective teaching levels.

2. To be an ex-officio voting member of all committees and assist the First Vice President to aid and maintain the fulfillment of all duties, functions, and reports of the several committees.

3. To perform such duties as are assigned by the Board of Directors.

4. To perform such other duties as may properly pertain to the office of Elementary or Secondary Vice President or as provided elsewhere in these Bylaws or standing rules.

d. Treasurer: The Treasurer shall have the following powers and duties:

1. To have official custody of all funds of UTLA.

2. To exercise general supervision over the receipt and disbursement of all funds of UTLA.

3. To serve as chairperson of the Budget and Finance Committee of the Board of Directors.

4. To supervise the preparation of the annual budget and periodic financial reports to members of the House of Representatives.

5. To supervise the preparation of such other financial reports, including the annual independent audit, as may be required by the Board of Directors or the House of Representatives.

6. To approve by her/his signature all expenditures of money approved by the House of Representatives and drawn on the Treasury.

e. Secretary: The Secretary shall have the following powers and duties:

1. To keep adequate records of all proceedings of the House of Representatives and Board of Directors.

2. To maintain an accurate roster of UTLA membership and an accurate list of committees and personnel.

3. To appoint such assistants as may facilitate his/her office.

4. To perform such other duties as properly pertain to her/his office and as may be provided elsewhere in these Bylaws and standing rules.


Section 6 - Restrictions:

a. A member of UTLA cannot hold both an elected or appointed position and a part- or full-time staff position in UTLA.

b. Anyone who has been a member of UTLA staff or affiliate staff shall not be permitted to serve as an officer until he/she has been back as an employee of the Board of Education for at least two (2) years prior to his/her taking office.

Section 7 - Vacancies and Resignations of Officers:

a. President:4 In the event of death, resignation, impeachment or inability to serve as President, the First Vice President shall be President upon ratification by the House of Representatives.

b. First Vice President:5 In the event of death, resignation, impeachment or inability to serve, or the moving up to President, the office of the First Vice President shall be filled by appointment by the Board of Directors and ratified by the house of Representatives.

c. Elementary Vice President, Secondary Vice President: In the event of death, resignation, impeachment or inability to serve, the offices shall be filled by a member of the House of Representatives, elected by the House of Representatives.

d. Treasurer and Secretary: In the event of death, resignation, impeachment or inability to serve, the President of UTLA shall appoint a member of the Board of Directors to fill out the remainder of the officer's term. The appointment must be ratified by the Board of Directors.

 

ARTICLE IV – BOARD OF DIRECTORS

Section 1 - Composition:6 The Board of Directors shall consist of:

a. The six (6) elected officers.7

b. The three (3) directors from each area elected by secret written ballot by all members of that area.8

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c. The immediate past President, if one is available.

d. One (1) director elected by Auxiliary Services. (School nurses; pupil services and attendance counselors; secondary counselors; librarians; school psychologists; and speech, language and hearing specialists.) (amended June 2, 1976)

e. One (1) director elected by the substitute teachers.

f. One (1) director elected by the Adult Education Division teachers.

g. One (1) director elected by the children's center teachers (added February 19, 1975)

h. One (1) director elected by the special education teachers (added December 5, 1979)

i.  To eliminate the Director elected by year round school teachers as of July 1, 2014 or earlier if the position becomes vacant. (added February 22, 1984)(amended March 6, 2013)

j. One (1) director elected by bilingual education teachers. Any member holding a Bilingual Certificate of Competency (BCC or BCLAD or equivalent). (added December 4, 1985)(amended March 6, 2013)

k. One (1) director elected by UTLA-R members. (added May 2, 1990)

Section 2 - Qualifications: A candidate for office of Board of Directors shall have been an Active Member of the organization for the previous two (2) years and of her/his affiliate for one year.

Section 3 - Elections and Terms of Office:

a. Nominations for Area Directors shall be by presentation of a signed statement declaring their intention to run. (amended June 2, 1976)

b. The immediate past President shall serve a term of two (2) years commencing with his/her leaving the office of President.

c. The directors elected by children's center teacher, Auxiliary Services, substitutes, and adult education teachers shall be nominated upon presentation of a signed statement declaring their intention to run. (amended October 22, 1975) (Section amended February 13, 1974)

Section 4 - Vacancies and Resignations: A vacancy on the Board of Directors shall be deemed to exist in case of death, resignation, retirement, recall, or inability to serve of any director, or if any director ceases to be a member of UTLA or ceases to be employed in active educational service within the jurisdiction of the Area which he/she represents (unless said director is mandatory transferred from the area which he/she represents, in which case she/he will be allowed to serve his/her term if she/he so chooses), or is absent from a meeting of the Board of Directors without proper excuse, as accepted by the Board of Directors, for more than two times during any membership year or more than six times to any regularly scheduled Board of Directors meetings, excused or unexcused, during any membership year, unless said absences were for official UTLA business. In the event vacancy occurs, the Area Assembly represented by the director to be replaced shall elect a successor who shall serve for the remainder of the unexpired term of the predecessor after one month has elapsed and after announcement at a regular area meeting. However, if the Area Assembly votes to have a formal election by written ballot throughout the entire area, an election shall be ordered by the UTLA President. If the Area Assembly does not so vote, but if one hundred (100) UTLA members from the area present a petition to the UTLA President requesting a formal election, within 14 calendar days of the announcement at the area meeting, the UTLA President shall order the new election. A formal election by written ballot shall be used to fill vacancies for Board of Directors members representing special categories groups D through J. (amended March 12, 1975, April 27, 1983,  April 24, 1985 and March 6, 2013)

Section 5 - Meetings:

a. The Board of Directors shall hold no fewer than eight (8) meetings a year.

b. Special meetings of the Board of Directors shall be called by the President if the President so desires; a call for a special meeting shall be mandatory if the President receives a petition requesting such a meeting and containing the names of ten Directors. Prior notice for special meetings of the Board of Directors shall be given to the Board of Directors at least three days before the meeting.

c. In an emergency, the President shall have the authority to call an "urgent caucus" of the Board of Directors; said caucus shall become a regular business meeting of the Board if thirty (30) Directors are present and if two-thirds of them so vote, providing that the entire Board of Directors has received either a phone call or a telegram announcing the caucus. (Section amended April 7, 1976)

Section 6 - Quorums: A majority of the directors shall be necessary to constitute a quorum for the transaction of business. Every act or decision of the majority of the Board of Directors present at a meeting duly held at which a quorum is present shall be recorded as the actual decision of the Board of Directors. A director shall not be permitted to exercise the right to vote or any other right pertaining to his/her office through an alternate. No vote by proxy shall be permitted.

Section 7 - Powers and Duties: In accordance with policies and guidelines adopted by the House of Representatives and subject to decision by a majority of the members present and voting at a duly authorized meeting of the House of Representatives, the Board of Directors shall have the following powers and duties:

a. To exercise all of the business functions of UTLA and to supervise and control its business and affairs subject only to the limitations and restrictions provided by law and these Bylaws.

b. To appoint and remove staff members of UTLA; to determine their qualifications, compensations, and duties; to require such agreements and bonds as are deemed necessary to insure faithful service.

c. To initiate the appointment and removal of the UTLA representatives to the Certificated Employee Council as established by the Education code, subject to the approval of the House of Representatives.

d. To recommend to the House of Representatives the creation, modification, and discontinuance of such standing committees as it shall deem desirable.

e. To appoint special committees as are deemed necessary. Such special committees shall be discontinued upon the discharge of their assignments.

f. To determine procedures governing the administrative services and the publications of UTLA.

g. To authorize the execution of contracts and other agreements necessary to the efficient conduct of the business of UTLA subject to the policy or directions of the House of Representatives.

h. Tentatively to approve the budget and to submit the budget to the House of Representatives for final approval, supervise receipts and expenditures, and set up proper procedures for safekeeping and accounting of all funds of UTLA.

i. To incur indebtedness in the name of UTLA subject to the limitation that the amount of such indebtedness is not to exceed $1.00 per member unless authorized by a two-thirds (2/3) vote of the House of Representatives subject to the policy or directions of the House of Representatives.

j. To recommend and to amend the Standing Rules of UTLA subject to the guidelines by the House of Representatives.

k. To exercise such other powers and to perform such other duties as may be prescribed elsewhere in these Bylaws.

l. To establish district, cluster, or other organizational systems as may be necessary to serve the UTLA membership.

m. To supervise UTLA publications.

1. Regular publications prepared at the central UTLA office: The Board of Directors shall publish regular issues of the UTLA newspaper, as well as other materials which shall keep the membership informed as to:

a. UTLA policies, procedures, and personalities.

b. Board of Education actions.

c. Any and all vital educational issues of the day.

2. Publications Committee: The Board of directors shall establish a Publications Committee to supervise the preparation of materials for publication and to review materials not published at the central UTLA office. Only members of the Board of Directors may serve as voting members of this committee.

3. Inter-Area Materials: Inter-Area materials prepared by UTLA members or groups of members not operating out of the central office shall be sent in advance of publication to the Publications Committee to see that the material conforms to UTLA polices and procedures.

n. To prepare the annual financial audit for publication and distribution to the membership.

 

ARTICLE V – HOUSE OF REPRESENTATIVES

Section 1 - Composition:

a. Members of the Board of Directors.

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b. One (1) representative for each one hundred fifty (150) UTLA members to be apportioned amongst the Areas. A new ratio shall be established by a two-thirds (2/3) vote of the House of Representatives when it so desires. (ratio modified June 2,1982, November 9, 1988, and June 1, 2005).

c. All Chairpersons of standing committees.

d. One (1) representative to represent traveling teachers.

e. Two (2) representatives to represent adult education.

f. Two (2) representatives to represent children's center teachers.

g. Two (2) representatives to represent school nurses.

h. One (1) representative to represent the occupational centers.

i. One (1) representative to represent the skill centers.

j. One (1) representative to represent the PSA Counselors.

k. Eight (8) representatives to represent the substitute teachers. (amended October 22, 1975)

l. Two (2) representatives for counselors: one for secondary counselors and one for elementary counselors.

m. Two (2) representatives for special education: one elementary and one for secondary.

n. Two (2) representatives for psychologists. (added October 12, 1988)

o. Two (2) representatives for UTLA-R plus one representative for every five

hundred (500) members. (added May 2, 1990)

p. One (1) representative to represent psychiatric social workers. (added April 22, 1998)


Section 2 - Election of Representatives:

a. Each Area shall be divided into four electoral districts by the Board of Directors. These districts shall be approximately equal in geographic area. Each district shall be allotted a number of seats based on a ratio of one representative per one hundred (150) UTLA members in that district. Nominees shall be placed on a special ballot according to their electoral districts, and UTLA members within each electoral district shall vote on the representatives to be elected from that district. Area Assemblies shall elect members at large to fill vacancies. (added May 2, 1973, modified June 2, 1982, and modified June 1, 2005)

b. The following representatives shall be chosen at a special UTLA caucus of the teacher groups concerned:

1. Traveling teachers

2. Adult Education teachers

3. Children's Center teachers

4. Nurses

5. Occupational Center teachers

6. Skills Center teachers

7. PSA Counselors

8. Substitutes

9. Counselors

10. Special Education

11. Psychologists

The Board of Directors shall establish guidelines for these special caucus elections.

c. UTLA-R candidates shall be elected from a list of candidates printed in the United Teacher. Elections will take place at a meeting of the General Assembly of UTLA-R. (added May 2, 1990)

d. The election of these representatives shall be held in November of each even-numbered year, beginning in 1976. Representatives elected in the election of November, 1973, shall serve until December 31, 1976. Time and procedures of the election which are not otherwise specified in these Bylaws shall be determined by the Board of Directors. (amended May 2, 1973, and February 13, 1974)

e. In the event that the number of candidates in any electoral district is equal to or less than the number of House seats in that district, as of the last day a candidate can be nominated, the Board of Directors may declare such candidates elected, and no election need be held in said district. (amended February 13, 1974)

Section 3 - Qualifications: Any active member of UTLA shall be eligible for election to the House of Representatives. Nominations for representatives shall be by presentation of a signed statement declaring a member's intention to run. All House members shall have equal rights, and each shall have one vote. (amended June 2, 1976)

Section 4 - Terms of Office: The term of office for a representative shall be two (2) years. The term shall begin December 31 of the election year. (amended May 2, 1973)

Section 5 - Meetings: The House of Representatives shall meet in regular session at least five times each school year. Special meetings shall be called at any time by the Board of Directors with six (6) days' written notice, with the meeting place to be selected by the Board of Directors. Notice of both regular and special meetings shall be mailed to House members at least six (6) days prior to the date of any meeting. Special meetings shall be called on petition of fifty (50) members of the House of Representatives. All regular and special House meetings must be held as scheduled and shall not be canceled by any other body.

Section 6 - Alternates: Alternates shall be elected under procedures established by the Board of Directors.

Section 7 - Vacancies and Resignations: Any regular House member who resigns or who changes the area or condition of his/her employment shall inform the President by letter. Resignations shall take effect on the date of receipt of such notice or at any time specified therein, and the acceptance of such resignations shall be in effect without further action by the House. Changes in area or in condition of employment shall be judged on an individual basis, and the action of the House shall be final; if any significant changes occur in the last few weeks of a member's term, no action need be taken. Any elected House member who has three unexcused or six excused absences from regularly scheduled meetings in one school year, shall be removed from the House. A letter shall be sent as a courtesy one month before removal. Vacancies occurring from resignations, deaths, changes in employment, or removal shall be filled by alternates until the next regular election, unless the House votes otherwise. (Passed at House of Representatives meeting of February 23, 2005)

Section 8 - Members on Special Leave: House members who take special leaves shall inform the President by letter. The House shall have the right to declare the seats of these representatives vacant, if, in the opinion of the House, the members on leave will not be able to carry out their responsibilities.


Section 9 - Quorum: Fifty percent of the House members plus one shall constitute a quorum. (amended April 17, 1974)

Section 10 - Functions and Duties: the House of Representatives shall be the city-wide representatives body of UTLA and shall have the following functions and duties:

a. To serve as the policy-making body on behalf of the UTLA membership and of the UTLA organization and to be the final authority on all matters relating to UTLA, able to override actions of the officers and of the Board of Directors, subject only to the limitations of policy and bylaws established by a direct vote of the membership.

b. To serve as the legislative body on behalf of the membership in carrying out the purposes of UTLA.

c. To consider and act upon proposals affecting the welfare of the Los Angeles City School District submitted by officers, the Board of Directors, committees of UTLA, by other organizations, or by individual representatives.

d. To suggest changes in the membership dues structure to the membership.

e. To establish procedures for liaison with the NEA and AFT parent groups, including the selection of delegates to conventions of NEA, CTA, AFT, and CFT.

f. To amend these Bylaws.

g. To vote in impeachment proceedings.

h. To vote on initiative and referendum measures if the appropriate petitions are presented.

i. To vote approval of the annual UTLA budget and to approve unusual expenditures not provided for in the regular UTLA budget.

j. To establish and subsequently to modify the boundaries of the eight UTLA Areas.

k. To promote active participation of House members at House meetings, at committee meetings, and at meetings of parent bodies.

l. To suspend and to reinstate any UTLA member.

m. To keep its members informed on important matters, to report on all House business and to keep a journal of its proceedings.

n. To establish, to modify, and to discontinue committees of the House of Representatives.

o To call general membership meetings by a two-thirds (2/3) vote.

p. To approve any expenditure over $5,000.00 not mentioned in the regular budget.

q. Each member to serve on at least one of the standing committees of the House of Representatives.

r. To authorize expenditures for political action and education before monies are spent.

s. To promote the progress of educational advancement by aiding innovation through research and development.

Section 11 - Relationships with State and National Affiliates: When necessary to satisfy affiliate requirements, affiliate caucuses shall be held.

 

ARTICLE VI – AREA ASSEMBLIES

Section 1 - Location:

a. Area Assemblies shall be established in geographic areas within the school district. (amended March 12, 1975)

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b. The House of Representatives shall have the power to establish and subsequently modify the number and the boundaries of the areas. Changes must be approved at least six months prior to elections for Board of Directors, and such proposed changes shall be published for general membership information at least twice prior to the House meeting considering approval of the change, and approval shall be published at least three times during the two months following approval. (amended March 12, 1975)

Section 2 - Structure and Election:

a. Officers:9 The officers shall be the Area Chairperson, the two directors, and a Steering Council composed of two or more but an equal number of elementary and two or more but an equal number of secondary teachers. (amended December 5, 1984)

b. Nominations: All nominations for the positions of area directors shall be made by petitions with fifty (50) certified signatures in March or April in the same year that the officers are elected.

c. Elections:

1. The Area chairperson shall be the elected director receiving the highest number of votes.'°

2. The members of the Steering Council shall be elected at an area meeting. The ballot shall be divided into a secondary and an elementary section, and the two or more persons (as determined by each area) receiving the highest number of votes in each section shall be declared elected. (amended December 5, 1984)

d. Steering Council Officers: The Steering Council shall appoint a secretary and a treasurer for the area from among its own members.

e. Committee Membership: The Area Assembly shall elect at least one member to each standing committee to participate actively and to report back.

f. Area Attendance: Each member should attend the area assembly in which he/she is principally employed. UTLA members who choose to participate in a different Area Assembly shall not be eligible for elective positions.

Section 3 – Function: Area Assemblies shall have the following functions:

a. To serve as the policy-recommending body on behalf of the membership in carrying out the purpose of UTLA.

b. To provide an opportunity for every UTLA member to have his/her opinions, ideas and comments considered in the recommending of policy.

c. To provide the opportunity for all members to receive experience and training in leadership roles.

d. To dispense information among UTLA members and the House of Representatives.

e. To elect area representatives on standing committees.

Section 4 – Motions: Motions passed by the Area Assemblies shall be presented by the Area Chairperson to the appropriate body to which said motions have been directed.

Section 5 – Area Steering Council: It shall be the function of the Area Steering Council to review area needs, establish the area budget, provide for inter-area communication and an agenda for area meetings. This Council shall meet at least one time prior to each Area Assembly meeting, and it shall be presided over by the Area Assembly Chairperson.

Section 6 – Government: The Area Assemblies shall have the power to determine the methods of internal government and procedures as may be best suited to their respective areas and to the needs of their membership, subject to the following conditions:

a. Each area shall hold regularly scheduled meetings which provide for direct participation of UTLA members to that area.

b. Rules and policies of each area shall not conflict with the provisions of these Bylaws or with the policies established by the House of Representatives or by referendum.

Section 7 – Relationships: The UTLA House of Representatives shall be responsible for the establishment of policies and procedures to facilitate cooperation among the Area Assemblies and within UTLA itself.

a. All areas shall file annual reports of their activities, a financial report for audit, and copies of the area publications with the UTLA President for review by the Board of Directors.

b. UTLA shall authorize grants to Area Assemblies under the terms and conditions of the UTLA budget.

Section 8 – Qualifications of Area Officers and Other Members of Steering Councils: Candidates for area offices and members at large of the Steering Council shall be members of UTLA and shall be encouraged to address the Area Assembly as to their qualifications for office.

Section 9 – Meetings and Quorum: Each Area Assembly shall meet at least five times a year. Special meetings of the Area Assembly may be called upon six (6) days notice by the Area Chairperson. The Area Steering Council shall designate the place where each meeting shall be held. Notice of the time and place of such regular meeting of the Area Assembly shall be sent to all schools at least ten (10) days prior to the date set for the meeting.

Fifty (50) members present at an Area Assembly meeting shall constitute a quorum.

 

ARTICLE VII – STANDING COMMITTEES

Section 1 - Composition and Size:

a. Each standing committee shall make every effort to draw membership from all eight (8) areas of United Teachers Los Angeles. All areas should elect at least one member to be responsible for participating on and reporting from each standing committee.

expand ARTICLE VII »

b. Any active member of UTLA shall be eligible for membership on a committee. All committee members shall have equal rights and each shall have one vote. Persons not attending the first meeting of a particular committee shall not be eligible to vote in that committee until they have attended a second meeting with that committee. All motions passed must have a vote tally included with the report.

Section 2 - Term of Office: Members may serve as long as they are interested in the subject of the committee. However, changes to a different committee should be at the beginning of each year so that committees are reasonably stable.

Section 3 - Standing Committees: 

1. Salary and School Finance
2. Professional Rights and Responsibilities (Merged with Teacher Education and Professional Standards, April 12, 1972)
3. Government Relations (Absorbed by Political Action Council of Educators [PACE], January 19, 1972)
4. Teacher Education and Professional Standards (Merged with Professional Rights and Responsibilities, April 12, 1972)
5. Auxiliary Services    (name changed to “Health & Human Services” May 10, 1995; “Health and Human Services” subsumed “Welfare and Economic Services” and “Auxiliary Services,” April 2, 2008) 
6. Educational Policies and Curriculum
7. Human Relations (name changed to "School-Community Relations" October 18, 1972)
8. Physical Education Action (name changed to “Physical Education Action and Dance” )
9. Chicano (name changed to “Chicano/Latino Education” ; name changed to “Raza Education” June 16, 2010) ;
10. Inner-City
11. Substitutes
12. Retirement (added May 12, 1971) (name changed to “Retirement Issues Committee” December 10; 1997;  name changed to “Pre-Retirement Issues Committee” )
13. Black Education (added September 20, 1972) (name changed to “African-American Education”)
14. Asian (added September 20, 1972) (name changed to "Asian-Pacific" February 22, 1984) 
15. Women's Education (added January 10, 1973)
16. Adult Education (added March 12, 1975) (name changed to “Adult and Occupational Education” )
17. Children's Centers (added September 24, 1975); name changed to Children’s Center/Early Childhood Education Center Committee on January 24, 1996. Name changed again to Early Childhood Education Committee (Amended April 3, 2002)
18. Special Education (added April 26, 1978)
19. Year Round Schools (added April 27, 1983) (name changed to “Multi-Track/Year Round Schools” )
20. Teachers for Better Administrative Relations (added February 22, 1984)
21. Human Rights (added October 1, 1986)
22. Bilingual Education (added February 28, 1990)
23. Communicating Arts (added March 28, 1990)
24. Gay and Lesbian Issues (added May 29, 1991)
25. High School Options (added March 31, 1993)  (Changed to “Options Schools,” May 26, 2004)
26. Violence Prevention and School Safety (added February 23, 1994)
27. School Safety (added January 18, 1995; merged with Violence Prevention and School Safety on April 16, 1997)
28. Coalition of Academic Activities Advisors
29. Middle Schools (added October 30, 1996)
30. Non-Classroom/Non-School Site Teachers (added April 22, 1998)
31. Kindergarten (added October 27, 1999)
32. National Board Certified Teachers (added May 10, 2000)
33. Secondary School Counselors
34. Library Professionals (added February 26, 2003)
35. School Readiness Language Development Program (added December 3, 2003)
36. Capably Disabled Teachers (added January 26, 2005)
37. Instructional Coaches
38. School Psychologists (added May 23, 2007)
39. Arts Education (added June 16, 2010)
40. Support Cadre Resisting Administrative Maltreatment (added May 4, 2011)
41. UTLA-represented charter schools (added May 22, 2013)
42. Displaced Teachers (added May 22, 2013)
43. Military and Veteran's Affairs (added May 22, 2013)
44. Free and Clear — Innocent unless Proven Guilty (added May 22, 2013)

Section 4 - Meetings: All standing committees shall hold at least five (5) regularly scheduled meetings during the year.

Section 5 - Committee Chairpersons:
a. Committee chairpersons shall be elected by members of their respective committees at the end of each year for the succeeding election year. Vacancies shall be filled by new committee elections. Committee members have the power to remove chairpersons as well as elect chairpersons.

b. The committee chairpersons may request and receive reasonable clerical assistance at the central UTLA office or at a district office.

c. The committee chairpersons shall keep a list of all members on their committees, and one copy of this list shall be sent to the central UTLA offices.

Section 6 - Reports: All committees shall submit progress reports to the Board of Directors and also an annual report prior to June 1. Written copies of all major decisions of the committee shall be made available to House of Representatives members.

 

ARTICLE VIII – SUBJECT FIELD AND/OR SPECIAL SECTIONS

Section 1 - Creation and Abolition: Subject field and/or special interest sections may be created by the House of Representatives upon the recommendation of the Board of Directors and the petition of fifteen (15) or more active members of UTLA. Subject field and/or special interest sections which fail to function may be abolished by the same procedure.

expand ARTICLE VIII »

Section 2 - Officers and Committees: Such sections shall be entitled to elect administrative officers and appoint special committees. They shall not be entitled to elect Boards of Directors.

Section 3 - Standing Rules: Such sections shall be operated under standing rules which define purposes, administrative structure, meetings, memberships, and provide for amendment; provided, however, that no standing rule of any such section may be established that is in conflict with the Bylaws of UTLA. All standing rules of these sections shall be subject to the approval of the Board of Directors.

Section 4 - Purposes: These sections must establish policy with the policy of UTLA. Policy must be approved by submittal to the appropriate committee for consideration and approval.

Section 5 - Public Presentation: These sections shall make public presentations only in conjunction with and by the approval of appropriate committee of UTLA. No public presentation shall be made by a subject field and/or special interest section as a separate organization while affiliated with UTLA.

Section 6 - Representation: Subject field and/or special interest sections shall not be entitled to officers or representation in the governing bodies of UTLA as such a section.

 

ARTICLE IX - INITIATIVE, REFERENDUM, IMPEACHMENT, AND REMOVALS

Upon presentation to the President of a petition signed by five hundred (500) certified UTLA members requesting that a proposal affecting UTLA or its activities be submitted to a vote of the membership, the Board of Directors shall then submit such a proposal to a vote of the entire membership no later than thirty (30) days after the newspaper presentation nor later than sixty (60) days after the initiative proposal was first submitted to the President. If the proposal is approved by a majority of the UTLA members voting, it shall become policy of the organization. 11

expand ARTICLE IX »

Section 1- Initiative:

(Amended 1/27/99 HOR)

Section 2 - Referendum:

Upon the presentation to the President of a petition signed by five hundred (500) certified UTLA members requesting that any action or proposal of the Board of Directors or of the House of Representatives be referred to a vote of the membership, the Board of Directors shall publicize the proposal in the UTLA Newspaper. The Board of Directors shall then submit such a proposal to a vote of the entire membership no later than thirty (30) days after the newspaper presentation nor later than sixty (60) days after the referendum petition was first submitted to the President. If the proposal is accepted by a majority of the membership voting, it shall become policy of the organization.

(Amended 1/27/99 HOR)

Section 3 – Petitions:

a. For the purpose of this Article a petition shall be a paper or papers containing identically worded statements requesting an action as specified in Section 1 or 2 of this Article. (added March 3, 1982)

b. The wording in a proposed initiative or referendum shall be presented to the President or in the event of his/her absence, the top-ranking officer of UTLA present, before any signatures are gathered. After presentation to the President or in the event of his/her absence, the top-ranking officer of UTLA present, the originator or originators of the petition shall have ninety (90) school days in which to collect the required number of signatures. (added March 3, 1982)

c. The completed petition shall be presented to the President or in the event of his/her absence, the top-ranking officer of UTLA present. (added March 3, 1982)

Section 4 – Results:

The results of any initiative or referendum shall be published in a subsequent issue of the UTLA newspaper.

Section 5 – Impeachment and Removal:

The Board of Directors shall recommend to the House of Representatives procedures to impeach officers and the other representatives guilty of gross malfeasance and nonfeasance in office and procedures to remove from office officers and other elected officials who do not carry out their responsibilities.

 

ARTICLE X - INSURANCE TRUST, WELFARE FUND, AND CRISIS FUND

The Board of Directors shall have the authority to create an insurance trust, a welfare fund, and a crisis fund subject to approval of the House of Representatives.

 

ARTICLE XI – AMENDMENTS TO THESE BYLAWS

Section 1 – Proposal: Amendments to these Bylaws may be proposed in any of these ways:

expand ARTICLE XI »

a. An affirmative vote of two-thirds (2/3) of the members of the Board of Directors.

b. An affirmative vote of two-thirds (2/3) of those present at a meeting of the House of Representatives.

c. A petition signed by at least one thousand (1000) certified UTLA members and presented to the President.

Section 2 – Notice and Publicity: After a proposed amendment of these Bylaws has been read to the House of Representatives, a copy thereof shall be mailed or delivered to each House member. The proposed amendment shall also be published in the UTLA paper, with arguments pro and con.

Section 3 - Area Discussion: All Area Assemblies shall have an opportunity to discuss a pending amendment prior to the enacting vote, but failure by an area or areas to discuss the pending amendment shall not delay the enacting vote on its adoption. Areas may endorse or reject the proposal but shall not add amendments altering the intent.

Section 4 - Adoption: Any amendment to these Bylaws may be adopted by an affirmative vote of two-thirds (2/3) of all members of the House of Representatives present at a meeting of the House at which the pending amendment is submitted for action, providing a quorum is present.

Section 5 – Effective Date: An amendment to these Bylaws shall become effective immediately upon its adoption, unless otherwise provided in the amendment.

Section 6 – Referendum: If the House of Representatives rejects a proposed amendment of the Bylaws, the matter may be submitted to the entire membership for a vote if a petition requesting such a vote is signed by one thousand (1000) certified UTLA members and presented to the President. A fifty percent plus one (50% + 1) yes vote of all votes cast shall be required for approval.

Section 7 - Petitions:

a. For purposes of this Article a petition shall be a paper or papers containing identically worded statements requesting that an amendment to the constitution be considered or that the membership vote on a proposed amendment that has been defeated by the House of Representatives. (added March 3, 1982)

b. The wording of the petitions shall be presented of the President or in the event of his/her absence, the top-ranking officer of UTLA present, before any signatures are gathered. The originator or originators of the petitions shall have ninety (90) school days in which to collect the required number of signatures. The ninety (90) school days, for purposes of implementation of Section 6 of the Article, shall begin with the first school day after the House of Representatives defeats a proposed amendment. (added March 3, 1982)

c. The completed petitions shall be presented to the President or in the event of her/his absence, the top-ranking officer of UTLA present. (added March 3, 1982)

 

ARTICLE XII - STANDING RULES

The Board of Directors shall have the power to adopt such rules and regulations pertaining to the administrative activities and affairs of UTLA, as it deems necessary and desirable, provided that such rules and regulations do not conflict with any provisions of law or this Constitution or any action taken by the House of Representatives. Such rules and regulations shall be known and designated as the Standing Rules of UTLA.

 

ARTICLE XIII - PARLIAMENTARY PROCEDURE

On all matters of procedure not otherwise contained herein or in the Standing Rules of UTLA, Robert's Rules of Order, latest revised edition, shall be the official guide. A parliamentarian or parliamentarians will be chosen to define and referee the meanings of the words of this Constitution. 12

 

ARTICLE XIV – EXCLUSIVE AFFILIATION ELECTION

Section 1: In the event of an action or election for an exclusive affiliation with either NEA or AFT, an impartial third party, such as the American Arbitration Association, shall conduct the election and shall provide a fair and impartial distribution of all election materials to UTLA members. No materials will be distributed by UTLA members other than those approved by the impartial third party. (added December 1, 1976)

expand ARTICLE XIV »

Section 2: No exclusive affiliation election with NEA or AFT shall occur unless such action or election is voted on by the UTLA membership. A three-fourths (3/4) majority of the total UTLA membership shall be necessary to adopt exclusive affiliation. (added December 1, 1976)

 

ARTICLE XV - CONTRACT RATIFICATION

In all collective bargaining contracts between UTLA and LAUSD, the final step shall always be ratification by vote of the membership of UTLA. (added January, 1981)

expand ARTICLE XV »

UTLA CONSTITUTIONAL IMPLEMENTATION

Section 1 - Officers

a. The following officers shall be elected by all UTLA members without regard to affiliation:

1 President
2. Elementary Vice President
3. Secondary Vice President
4. Treasurer
5. Recording Secretary

b. To ensure maintenance of successful affiliate relations, the following officers shall be elected by UTLA members in separate affiliation elections:

1. CTA/NEA Vice President (elected by CTA/NEA-affiliated members).

2. CFT/AFT Vice President (elected by CFT/AFT-affiliated members).

3. The affiliate Vice President shall be considered as presiding officer, leading delegate, and chief spokesperson for his/her respective affiliation grouping within UTLA. (added December 1, 1976)

4. Both affiliate Vice Presidents shall be on release time, beginning with the officers elected in 1977. (added December 1, 1976)

5. In the event of a temporary or permanent vacancy in the office of President, the Board of Directors will automatically hold a special meeting within seven (7) working days of said vacancy, to be called by the elected UTLA Secretary, for the purpose of electing an interim presiding officer from the UTLA Board of Directors, to serve until the election, called for in the UTLA Constitution in the event of such vacancy, is held and a new President is declared elected. The presiding officer may not be a candidate for the presidency in that special election. (added December 1, 1976)

6. When a merger between CTA/NEA and CFT/AFT shall take place, the separate affiliate Vice Presidents' positions shall become the single position of First Vice President, elected without regard to affiliation.

c. A UTLA Nominations and Elections Committee shall be responsible for elections which shall be administered by an independent agency designated by the Board of Directors.

d. Members presenting a signed statement declaring their intention to run shall be placed on the ballot (amended June 2, 1976)

e.

1. The first election ballot shall contain the candidates for all the constitutional offices, including the candidates for affiliate Vice Presidents, as well as the candidates for the Board of Directors by area and affiliation. (added April 29, 1981)

2. The second election ballot shall contain any necessary runoff elections as well as the candidates for Area Chairperson in those areas that elected all four area directors in the first election.

3. A third election ballot, if necessary, shall contain the candidates for Area chairperson for those areas that did not elect Area Chairpersons on the second election ballot.

f. Runoff elections shall be held between the two highest candidates in the event one candidate does not receive fifty percent plus one (50% + 1) of the votes cast in the first balloting.

Section 2 - Directors:

a. Three (3) directors shall be chosen in each area by the CTA/NEA-affiliated members in their respective school areas.

b. One (1) director in each area shall be chosen by the CFT/AFT affiliated members in the respective school areas.

c.

1. The Area Chairperson shall be elected from among the four area directors. (added April 29, 1981)

2. On the ballot for Area Chairperson only, those directors wishing to be Area Chairperson shall be listed. If more than two (2) directors run for the position of Area Chairperson, only a plurality shall be necessary for election. (added April 29, 1981)

d. Members presenting a signed statement declaring their intention to run shall be placed on the ballot in their area. (amended June 2, 1976)

e. One (1) director elected by the auxiliary services groups (nurses, PSA, counselors, librarians).

f. One (1) director elected by the substitute teachers.

g. One (1) director elected by the adult education teachers.

h. One (1) director elected by children's center teachers. (added February 19, 1975)

i. One (1) director elected by special education teachers. (added December 5, 1979)

j. One (1) director elected by the year round teachers. (added February 22, 1984)

k. One (1) director elected by the bilingual teachers. (added December 4. 1985)


Section 3 - House of Representatives:

Nomination and elections procedures for the House of Representatives shall be guided as follows:

a. Candidates shall be nominated on presentation of a signed statement declaring their intention to run. (amended June 2, 1976)

b. Nominating statements shall be presented to the UTLA Elections Committee at an appropriate date set by the Board of Directors. (amended June 2, 1976)

c. In the announcement for the January 1971 House of Representatives meeting, elections shall be publicized and the names of the candidates shall be listed. This must arrive in the schools one (1) week prior to the elections.

d. Elections shall be held in the schools by written secret ballot prior to the opening meeting of the new House of Representatives.

Section 4 - Officers:

a. Release-time officers who go out of office as of March 1, 1971, shall be eligible for an additional month's employment on the staff.

b. The term of office for 1970-71 election shall run from March 1, 1971, to June 30, 1973.

c. The President of UTLA shall appoint an election committee to set guidelines for the 1970-71 election. The election committee shall follow the procedures in Article V, Section 2. The committee may make any changes that are necessary to adapt to this first election if these procedures and changes are approved by the Board of Directors.

d. Candidates of offices in the 1970-71 election will not be required to meet the qualifications listed in Article III, Section 3.

e. The two-term limitation (Article III, Section 2) on release-time officers shall begin with officers as of March 1, 1971.

f. The three-year term of office and the two-term limitation on three-year terms (Article III, Sections 2 and 4) on release-time officers shall become effective on July 1, 1996, or for any such officer who is elected to begin his/her term of office on that date. (amended march 23, 1994)

g. In the event of the death resignation or removal of an officer or director, a successor shall be elected to serve for the remainder of the unexpired term. The vacancy will be filled by vote of the affiliate members qualified to vote for the office (added May 7, 1975)

h. The election to fill a vacancy shall be conducted within sixty (60) days of receipt of a notice of vacancy by the Board of Directors. The election shall be administered in accordance with Section 1, paragraph C of the Constitutional Implementation. (added May 7, 1975)13

 

NOTES

1. The UTLA Constitution was amended on February 16, 1972, to have UTLA affiliate with the United Teacher Associations of California. UTLA re-affiliated with CTA on June 2, 1976.

expand NOTES »

2. The office of First Vice President shall come into effect upon a merger between the National Education Association and the American Federation of Teachers. At present, operating under the Implementation Section, UTLA has two Affiliate (NEA and AFT) Vice Presidents instead of a First Vice President.

3. See Note 2 above. The duties of the First Vice President are shared by the two Affiliate Vice Presidents.

4. Since there is currently no First Vice President, Article III, Section 7a and 7b are moot at this time. Procedures for the selection of a new President in the event of a vacancy are described in the Implementation Section, Section lb (4).

5. See Note 4 above.

6. The Chairperson of the Negotiating Council was originally a member of the Board of Directors; this seat was deleted on April 7, 1976. The Chairperson of PACE received a Board seat on February 13, 1974, which was later deleted on April 7, 1976.

7. The First Vice President is included among the officers under Article IV, Section la, while the Affiliate Vice Presidents are not.

8. Due to the fact that no national merger has occurred, the Implementation Section, which calls for three (3) directors to be elected in each area by the CTA/NEA-affiliated members and one {1) director to be elected in each area by the CFT/AFT-affiliated members, is in force.

9. See note 8 above. The Area Chairperson is currently elected by provisions described in the Implementation Section. The Area Chairperson is elected on a second or third election ballot from among the four area directors. [cf., Implementation Section, Section le C1)-C3)]

10. See note 9 above.

11. In previous printings of the Constitution, Article IX, Section 1 had two subsections. One of these permitted the membership of UTLA to place proposals on the agenda of a Board of Directors or a House of Representatives meeting by presenting the President with a petition signed by five hundred C500) members. In the research for this edition of the UTLA Constitution, it was discovered that this provision, formerly Article IX, Section la, had been deleted on December 14, 1970, when the Constitution was first being proposed.

12. The second sentence of this Article is original constitutional language, passed December 14, 1970, which was left out of previous editions of the Constitution.

13. The motion which added Section 4f and g of the Implementation Section, passed May 5, 1975, also repealed the existing Section 4f, g, and h of that section of the Constitution.

14. The Preamble was originally numbered as Article I; this was changed on December 14, 1970.

15. The House of Representatives has passed the following constitutionally related policies regarding amendment of the UTLA Bylaws:

a. Constitutional amendments passed by the Board of Directors shall have a first reading at the next House of Representatives and then be sent to the area assemblies without change.

b. House members wishing to suggest alternatives to any Board proposal may offer a parallel amendment or a substitute proposal to be sent to the area assemblies along with the Board's proposal. In this way both sides are presented for debate together.

c. Amendments which have been discussed in the areas and returned to the House for final action may be amended as to minor matters only if the House votes a substantive amendment; the proposal must then be considered a new amendment and must be sent back to the areas. (passed October 22, 1975)

Whenever the proposed constitutional amendment to repeal Article III, Section 2b, appears in print or is otherwise submitted to the membership it shall be stated or printed precisely as follows: "Be it resolved that Article III, Section 2b of the UTLA Constitution ('All officers who are on part- or full-time release shall be limited to two (2) consecutive terms in the same office.') BE REPEALED. (Passed May 24, 1978)

 

Appendices

APPENDIX ONE - HOUSE RULE OF PROCEDURE

1. The Area Chairperson or their designated representative shall be responsible for the seating of House members and alternates from their area. The designated representatives for the House members elected by special caucus shall be responsible for the seating of House members and alternates from their area.

expand APPENDIX ONE »

UTLA HOUSE OF REPRESENTATIVES 2013-2014 RULES OF PROCEDURE 

2. No member shall be seated as a voting member of the House of Representatives unless he/she has been elected as a regular House member or alternate in accordance with the provisions of the UTLA Constitution.

3. Each regular House member or alternate shall be seated by a specific number card by signing the attendance roster. The card shall be used to obtain recognition and is non-transferable.

4. Voting shall be done by showing of cards.

5. (a) Visitors shall sit in a specifically designated area of the room.
(b) There shall be a limit of two (2) guest speakers at any one meeting.

6. Members, on being recognized at a microphone, shall address the Chair and identify themselves by name and area.

7. All questions by any member of the House shall be addressed through the Chair.

8. A parliamentarian shall be appointed by the Chair and shall be present at all meetings of the House.

9. The Order of Business shall be:
9.1. Call to Order
9.2. Seating of Alternates
9.3. Approval of Minutes
9.4. Consideration of the Agenda
9.5. Guest Speakers
9.6. Unfinished Business
9.7. Area and Committee Motions
9.8. Consideration of Board of Directors Actions

Reports
a. President
b. Treasurer
c. Membership
d. PACE
9.9. Other Officer Reports
9.10. Special Orders
9.11. New Business
9.12. Announcements

* In time sensitive situations, the Chair may move item(s) to the beginning of the Agenda.
10.  Motions may be submitted by individual members to Standing Committees of the House of Representatives or through an Area meeting. All Standing Committees and individual members of the House of Representatives must submit their motions to the House Rules Committee in writing no later than 5:00 p.m. on the day of the House meeting. Any motions received after this time will be considered by the House Rules Committee at their next meeting.
All motions must include the following:
1. A statement of the proposal to be considered for adoption;
2.  The name and employee number of the person proposing the motion;
3.  The name and employee number of the person seconding the motion;
  4.  All motions from Standing Committees shall be labeled according to their origin (Area, Committee, or Individual) and shall be considered in the appropriate place on the agenda according to existing policy. 

11. New Business motions in writing shall take precedence over motions from the floor. New business motions (written) not acted upon at the House meeting for which they were submitted shall be returned to the House Rules Committee for appropriate routing.

11a. Motions not mailed out with the agenda shall not be voted on at the same meeting at which first presented; instead, such motions shall be given a first reading, to allow time for members of the House to discuss said motions with their constituencies. This applies to motions from committees, from areas or from other sources.
Motions mailed out with the agenda, for the purposes of this rule, shall be considered to have had a first reading, and may be voted on per regular procedures.

Upon a 2/3 vote of the members present of the House, a motion not mailed out with the agenda that has not had a prior first reading may be granted “Urgency” status, and voted on.

11b. All motions presented by committees, areas, or other sources not mailed out with agendas shall be presented in writing, with sufficient copies that members of the House may each receive a written copy prior to the completion of the first hearing of said motion, or prior to voting on the motion if granted ‘Urgency” status. The Chair of the Rules Committee shall establish the procedure for duplication of all motions by committees, areas or other sources.

12. Motions may be introduced from either the left or right microphone. The Chair shall make every effort to alternate between pro and con speakers. At the discretion of the Chair, the left microphone (chair’s left) will be the pro microphone and the right microphone (chair's right) will be the con microphone.  Speakers shall, in case of amendments, remain at the same microphone and position. 

13. Debate on any motion and its amendments shall not exceed ten (10) minutes. Debate may be extended in increments of five (5) minutes, by majority vote twice. Further extensions shall be considered a suspension of the rules and would require a 2/3 vote. Each speaker is limited to 2 minutes. Speakers will be given a 10 to 15 second warning that his/her time is about to expire.

14. Reports which regularly appear on the agenda of the House of Representatives (specifically those of the President and other appropriate Officers) shall be made available in writing to each member and alternate attending the meeting sometime prior to that meeting. Each report shall be allotted 10 minutes. By majority vote a report can twice be extended in increments of five (5) minutes. Any further extensions shall be considered a suspension of the rules and shall require a 2/3 vote.

15. Committees and Areas are limited to three (3) written consecutive motions at a time on a rotating basis.

16. A roll call vote will take place if requested by one-fourth (1/4) or more members of the House of Representatives present.

The procedures for a roll call ballot shall be:

(a) The UTLA Secretary will call off the names and record the vote as the Area Chairs, Committee Chairs or designee oversees their respective roster;

(b) The UTLA Secretary shall record the vote yea or nay as verified by the Area Chairs, Committee Chairs or designee;

(c) The UTLA Secretary shall report the results of the ballot to the presiding officer.

17. The House Rules Committee shall consist of at least eight (8) members of the House of Representatives, at least one from each area, nominated by the steering committee of that area.

18. The President shall appoint one of the released-time Officers of UTLA to preside over the House Rules Committee.

(a) The House Rules Committee, at its next regularly scheduled meeting immediately following the area meetings, shall route area motions to the appropriate committee of the House of Representatives.  Area motions that are submitted to the House Rules Committee Chair by 12:00 p.m. on the day following the area meeting shall be routed prior to the next scheduled committee meetings; motions that are submitted after this deadline will be routed at the next scheduled House Rules Committee meeting. No motion may die in committee. All motions referred to Standing Committees or the Board of Directors shall be placed on the House of Representatives meeting agenda by the second regularly scheduled House of Representatives meeting after receipt by the House Rules Committee, whether or not they have been acted upon by said bodies. 

(b) Any motion referred to the Board of Directors shall be reported to the House in a separate section of the agenda for that House meeting which immediately follows the Board of Directors meeting at which it was acted upon; said report shall include nature of action taken, if any, by the Board. Any further action on these motions must originate in and be initiated by the House.

(c) Part (“b”) above shall not be construed in any way as diminishing the authority or prerogatives of the House of Representatives as given in Article V, Section 10a of the UTLA Constitution.

20. (a) House Rules Committee shall cause a report to be prepared after each of its meetings; such report shall list all new motions and the committees to which each has been assigned.

(b) One copy of each House Rules Committee Report shall be mailed to each Area Chair prior to the next scheduled area meeting.

(c) The House Rules Committee shall meet prior to, but on the same date as regularly-scheduled meetings of the House of Representatives.

21. (a) Area meetings shall begin with the committee chairs, House Rules Committee and UTLA officers’ traditional school year.

(b) No less than two weeks shall transpire between any area meetings and regularly-scheduled meetings of the House of Representatives.

22. UTLA standing committee attendance shall be taken at each regularly-scheduled meeting of the committee.

23. Each UTLA standing committee shall submit an annual report by June 1 of each year to the President.

24. Adoption of the House Rules shall initially be by a majority vote. Any changes in the Rules after initial adoption shall require previous notice and a two-thirds (2/3) vote.

25. Any House of Representatives rule may be suspended (e.g., special orders) by a two-thirds (2/3) vote of the House.

26. Each regularly-scheduled meeting of the House of Representatives shall be called to order at 6:00 p.m.

27. Robert’s Rules of Order, latest revised edition, shall be the official guide.

28. The following pertains to all motions brought before the HOR:   
Financial Matters to be referred to Budget Committee:
                1. Motions containing cost items in excess of $5,000.00 (Approval of PACE funds are subject to PACE bylaws)

                2. Motions creating cost commitments beyond the current fiscal year;

                3. Motions with unknown costs, unless explicitly limited to $5,000 or less.


10. All special orders must be submitted in writing to the House Rules Committee

on the day of the House of Representatives meeting.

11. New Business motions in writing shall take precedence over motions from the floor. New business motions (written) not acted upon at the House meeting for which they were submitted shall be returned to the House Rules Committee for appropriate routing.

11a. Motions not mailed out with the agenda shall not be voted on at the same meeting at which first presented; instead, such motions shall be given a first reading, to allow time for members of the House to discuss said motions with their constituencies. This applies to motions from committees, from areas or from other sources.

Motions mailed out with the agenda, for the purposes of this rule, shall be considered to have had a first reading, and may be voted on per regular procedures.

Upon a 2/3 vote of the members present of the House, a motion not mailed out with the agenda that has not had a prior first reading may be granted “Urgency” status, and voted on.

11b. All motions presented by committees, areas, or other sources not mailed out with agendas shall be presented in writing, with sufficient copies that members of the House may each receive a written copy prior to the completion of the first hearing of said motion, or prior to voting on the motion if granted ‘Urgency” status. The Chair of the Rules Committee shall establish the procedure for duplication of all motions by committees, areas or other sources.

12. Motions may be introduced from either the left or right microphone. The Chair shall make every effort to alternate between pro and con speakers. At the discretion of the Chair, the left mic (chair’s left) will be the pro mic and the right mic will be the con microphone.

13. Debate on any motion and its amendments shall not exceed ten (10) minutes. Debate may be extended in increments of five (5) minutes, by majority vote twice. Further extensions shall be considered a suspension of the rules and would require a 2/3 vote. Each speaker is limited to 2 minutes. Speakers will be given a 10 to 15 second warning that his/her time is about to expire.

14. Reports which regularly appear on the agenda of the House of Representatives (specifically those of the President and other appropriate officers) shall be made available in writing to each member and alternate attending the meeting sometime prior to that meeting. Each report shall be allotted 10 minutes. By majority vote a report can twice be extended in increments of five (5) minutes. Any further extensions shall be considered a suspension of the rules and shall require a 2/3 vote.

15. Committees and Areas are limited to three (3) written consecutive motions at a time on a rotating basis.

16. A roll call vote will take place if requested by one-fourth (1/4) or more members of the House of Representatives present.

The procedures for a roll call ballot shall be:

(a) The UTLA Secretary will call off the names and record the vote as the Area Chairs, Committee Chairs or designee oversees their respective roster;

(b) The UTLA Secretary shall record the vote yea or nay as verified by the Area Chairs, Committee Chairs or designee;

(c) The UTLA Secretary shall report the results of the ballot to the presiding officer.

17. The House Rules Committee shall consist of at least eight (8) members of the House of Representatives, at least one from each area, nominated by the steering committee of that area.

18. The President shall appoint one of the released-time officers of UTLA to preside over the House Rules Committee.

(a) The House Rules Committee, at its next regularly scheduled meeting, shall route area motions to the appropriate committee of the House of Representatives. No motion may die in committee. All motions referred to committees shall be reported to the House of Representatives within sixty (60) days.

(b) Any motion referred to the Board of Directors shall be reported to the House in a separate section of the agenda for that House meeting which immediately follows the Board of Directors meeting at which it was acted upon; said report shall include nature of action taken, if any, by the Board. Any further action on these motions must originate in and be initiated by the House.

(c)Part (“b”) above shall not be construed in any way as diminishing the authority or prerogatives of the House of Representatives as given in Article V, Section 10a of the UTLA Constitution.


19. All motions from committees shall be labeled according to their origin (area, committee, or individual) and shall be considered in the appropriate place on the agenda according to existing policy.

20. (a) House Rules Committee shall cause a report to be prepared after each of its meetings; such report shall list all new motions and the committees to which each has been assigned.

(b) One copy of each House Rules Committee Report shall be mailed to each Area Chair prior to the next scheduled area meeting.

(c) The House Rules Committee shall meet prior to, but on the same date as regularly-scheduled meetings of the House of Representatives.

21. (a) Area meetings shall begin with the committee chairs, House Rules Committee and UTLA officers’ traditional school year.

(b) No less than two weeks shall transpire between any area meetings and regularly-scheduled meetings of the House of Representatives.

22. UTLA standing committee attendance shall be taken at each regularly-scheduled meeting of the committee.

23. Each UTLA standing committee shall submit an annual report by June 1 of each year to the President.

24. Rules adopted by the House on February 26, 2003, shall require a majority vote for adoption. Any changes in the Rules after initial adoption shall require previous notice and a two-thirds (2/3) vote.

25. Any House of Representatives rule may be suspended (e.g., special orders) by a two-thirds (2/3) vote of the House.

26. Each regularly-scheduled meeting of the House of Representatives shall be called to order at 6:00 p.m.

27. Robert’s Rules of Order, latest revised edition, shall be the official guide. (Adopted February 26, 2003)

 

APPENDIX TWO - HOUSE ELECTORAL DISTRICTS

North Area (25 seats)

District 1 (3 seats): Blend Special, Gardner, Open School, Rosewood, Santa Monica Bl., Valley View, Van Ness, West Hollywood, Wonderland, Bancroft JHS, LeConte JHS, Hollywood HS, Hollywood HS Performing Arts, West Hollywood Opportunity, Hollywood CAS, Hobart CC, Rosewood CC, Region D/Supv., Audiovisual Services, Instructional Planning Library.

 

expand APPENDIX TWO »

 

District 2 (8 seats): Alexandria, Cahuenga, Commonwealth, Dayton Heights, Franklin Ave., Grant School, Hoover St., Lockwood, Los Feliz School, Ramona School, Rosemont, King JHS, King JHS-Gifted, Virgil JHS, Marshall HS, Alexandria CC, Grant CC, Rosemont CC, McAllister HS, McAllister/St. Anne's, Yale Audiometry.

District 3 (8 seats): Albion, Allesandro, Ann, Atwater, Castelar, Clffford, Elysian Heights, Fletcher, Glenfeliz, Ivanhoe, Logan, Magnolia, Mayberry, Micheltorena, Plasencia, Solano, Tenth, Union Ave., Irving JHS, Belmont HS, Newmark HS, Downtown Business Magnet, Belmont CAS, Evans CAS, G.I. Sponsored Programs, Albion CC, Allesandro CC, Berkeley CC, Castelar CC, Glenfeliz CC, Logan CC, Location numbers 1070 and 1074.

District 4 (6 seats): Aldama, Annandale, Aragon, Buchanan, Dahlia Heights, Delevan, Dorris, Eagle Rock School, Eagle Rock Gifted, Garvanza, Glassell Park, Monte Vista, Mt. Washington, Rockdale, San Pascual, Toland Way, Yorkdale, Arroyo Seco Alt., Burbank JHS, Nightingale JHS, Eagle Rock JHS/HS, Franklin HS, Franklin College Incentive, Highland Park HS, Franklin CAS, Meridian CC, Toland CC, Monte Vista CC.

 

South Area (37 seats)

District 1 (8 seats): PSA Century Office, Administrative Region C, 59th, Hyde Park Bl., La Salle, Manchester Ave., Manhattan P1., Loren Miller, Miramonte, 95th, 97th, Raymond Ave., 68th, Harte JHS, Mann JHS, Washington HS, Wash (8929), Ellington HS, Hyde Park CC, 95th CC, 97th CC, Mikes CC.

District 2 (11 seats): Byson Ave., Florence Ave., Graham, Liberty B1., McKinley Ave., Parmalee, Russell, Russell Mini Magnet, San Gabriel Ave., 75th, South Park, Stanford, State St., Victoria Ave., Drew JHS, Drew Mini Magnet, South Gate JHS, Fremont HS, Fremont Magnet, Hope HS, South Gate HS, Odyssey HS, Fremont CAS, South Gate CAS, Graham CC, 75th CC, State St. CC.

District 3 (7 seats): Watts Skills Center, Compton Ave., Grape, 99th, 92nd, 96th, 93rd, Flournoy, Flournoy Indiv., lO9th, 102nd, 102nd Fundamental Magnet, 107th, 107th Fundamental Magnet, 112th, Ritter, Ritter, Weigand, Markham JHS, Markham JHS Hum., Jordan HS, Rodig HS, Locke HS, Truth HS, Jordan/Locke CAS, Compton Ave. CC. Locke CC, 102nd CC, 112th CC, Kind Drew Health Careers.

District 4 (11 seats): Administrative Region B, Pacific Blvd., Corona Ave., Elizabeth St., Fishburn, Heliotrope, Loma Vista, Middleton St., Miles Ave., Park Ave., Tweedy, Woodlawn, Gage JHS, Nimitz JHS, Bell HS, Huntington Park HS, San Antonio HS, Huntington Park CAS, Miles CC.

 

East Area (28 seats)

District 1 (8 seats): PSA East Area Office, Administrative Region G, Bushnell Way, El Sereno, Farmdale, Gates, Glen Alta, Griffin Ave., Hillside, Huntington Dr., Latona, Loreto, Multnomah, Murchison, Sierra Park, Sierra Vista, El Sereno JHS, El Sereno Mini-Magnet, Bravo Magnet HS, Lincoln HS, Pueblo de Los Angeles HS, Wilson HS, East Los Angeles Occupational Center, Wilson/Lincoln CAS, El Sereno CC, Gates CC, Murchison CC.

District 2 (7 seats): Breed, Bridge St., Euclid, Evergreen, First, Malabar, Second, Sheridan, Soto, Sunrise, Utah, Hollenbeck JHS, Roosevelt HS, Boyle Heights HS, Roosevelt Bilingual CAS, Bridge CC, Evergreen CC, Soto CC, Utah CC.

District 3 (4 seats): Belvedere, Brooklyn, City Terrace, Hamasaki, Hammel, Harrison, Kennedy Elementary, Lane, Marianna, Belvedere JHS, Belvedere Bilingual Magnet, Ramona HS, East Los Angeles Skills Center, Belvedere CC, Brooklyn CC, Hammel CC.

District 4 (9 seats): Area 2 Counseling/Psychological, Perez Special, Dacotah, Eastman, Ford Blvd., Fourth, Humphreys, Lorena, Ninth, Rowan, Griffith JHS, Stevenson JHS, Stevenson JHS Magnet, Garfield HS, Monterey HS, Garfield CAS, Dacotah CC, Eastman CC, Randall Developmental Center.

 

West Area (33 seats)

District 1 (6 seats): RES/Evaluation, Emerson, McBride, Brentwood Science Magnet, Brockton, Canyon, Fairburn, Grandview, Kenter Canyon, Marquez, Mar Vista, Pacific Palisades, Richland, Roscomare, Sterry, Warner, Westwood, Emerson JHS, Revere JHS, Webster JHS, Indian Sp. HS, Palisades HS, Temescal Canyon HS, University HS, University/Palisades CAS, Richland CC, Sterry CC.

District 2 (12 seats): Marlton, Alta Loma, Angeles Mesa, Arlington Heights, Baldwin Hills, Baldwin Hills Magnet, Canfield, Community, Castle Heights, Cienega, Coliseum St., Crescent Heights Blvd., Dublin Fundamental Magnet, 54th, 42nd, Hillcrest Center, Hillerest Dr., Marvin Ave., Queen Anne, Saturn, 74th, 74th Mini-Magnet, Shenandoah, Sixth Ave., 36th, 24th, Virginia Road, Windsor Hills, Audubon JHS, Audubon Mini-Magnet Mt. Vernon JHS, Crenshaw HS, Dorsey HS, Mid City Alternative HS, View Park HS, Widney HS, W. Young HS, Los Angeles CES, Crenshaw/Dorsey CAS, Marvin CC, Queen Anne CC, Shenandoah CC, Sixth Ave. CC, 36th CC, 24th CC.

District 3 (9 seats): Carthay Center, Charnock, Clover Ave., Hancock Park, Hobart Blvd., Laurel, Melrose, Overland, Palms, Selma, Third, Vine, Wilshire Crest, Wilton Place, Burroughs JHS, Burroughs Mini-Magnet, Palms JHS, Palms JHS Magnet, Cheviot Hills HS, Fairfax HS, Hamilton HS, Hamilton Humanities Magnet, Hamilton Music Magnet, Los Angeles HS, Whitman HS, Fairfax CAS, Los Angeles CAS, Laurel CC, Vine CC, Wilton CC.

District 4 (6 seats): Beethoven, Braddock, Broadway, Coeur D'Alene, Cowan Ave., Westside Alternative, Kentwood, Loyola Village Perf., 98th, Paseo del Rey, Paseo del Rey Fundamental, Short Ave., Stoner, Walgrove, Westminster Ave., Westport Heights, Marina del Rey JHS, Mark Twain JHS, Wright JHS, Del Rey HS, Phoenix HS, Venice HS, Westchester HS, Venice CAS, Westchester/Washington CAS, Beethoven CC, Kentwood CC, Marina CC, Westminster CC.

 

Central Area (28 seats)

District 1 (9 seats): Salvin, King, Norwood, 32nd/USC, Weems, Trinity, Vermont, Adams JHS, Berendo JHS, Foshay JHS, Lanterman HS, Norwood CC, Trinity CC, 37th CC, Metropolitan Skills Center.

District 2 (4 seats): Administrative Region H, San Pedro St., 20th, 28th, Central HS, Central Adult HS, Friedman Occupational Center, 28th CC, District Nursing Service, TB Prevention Unit, District Health Services, SFP Non-Public, Senior High School Division, Student Adjustment Services, Pupil Services/Attendance, Bilingual ESL Services.

District 3 (7 seats): Riley HS, Carlson Hospital, Ascot, 49th, Holmes Ave., Hooper, Lillian, Nevin, Vernon City, Wadsworth, Carver JHS, Edison JHS, Jefferson HS, Johnson HS, Jefferson CAS, Holmes CC, Hooper CC, Miramonte CC, Vernon City CC, Wadsworth CC, Regional Occupational Program.

District 4 (8 seats): Budlong, 53nd, Main St., Menlo, Normandie, 61st, 66th, West Vernon Ave., Western Ave., Bethune JHS, Muir JHS, Manual Arts HS, Manual Arts CAS, 52nd CC, Normandie CC, 66th CC.

 

Valley East (32 seats)

District 1 (9 seats): Administrative Region F, Educational Support Center, Broadus, Broadus Fundamental Magnet, Dyer, Fenton, Gridley, Harding, Hubbard, Lassen, Morningside, O'Melveny, Osceola, Pacoima, San Fernando, San Jose St., Telfair, Vaughn, McClay JHS, Olive Vista JHS, San Fernando JHS, Evergreen HS, Mission H, San Fernando HS, Sylmar HS, Broadus CC, Hubbard CC, Pacoima CC, San Fernando CC, Telfair CC, Vaughn CC, North Valley Occupational Center, Pacoima Skills Center

District 2 (7 seats): PD North Certificated Personnel, Northeast PSA, Apperson, Beachy, Brainard, Canterbury, Canterbury Magnet, Fernangeles, Haddon, Ligget, Montague, Mountain View, Pinewood, Plainview, Sharp Ave., Stonehurst, Sunland, Vena, Vena Magnet, Vinedale, Byrd JHS, Byrd JHS Fundamental Magnet, Mt. Gleason JHS, Pacoima JHS, Pacoima Jr. TV Magnet, Pacoima Jr. Math Magnet, Lewis HS, Mt. Ludens HS, Polytechnic HS, Verdugo Hills HS, Haddon CC, Pinewood CC.

District 3 (8 seats): Lowman, Chase, Coldwater Canyon, Ervin, Hazeltine, Kester, Kester Mini-Magnet, Kittridge, Monlux, Monlux Fundamental Magnet, Ranchito, Saticoy, Sherman Oaks, Strathern, Sylvan Park, Valerio, Van Nuys, Victory, Fulton JHS, Madison JHS, Van Nuys JHS, Van Nuys HS, Van Nuys HS Math, Van Nuys HS Performing Arts, Will Rogers HS, Van Nuys CAS, Sylvan Park CC.

District 4 (8 seats): Special Education (1005), East Valley TMR, Arminta, Burbank Blvd., Camellia, Carpenter, Chandler, Colfax, Dixie Canyon, Fair Ave., Glenwood, Lankershim, Oxnard, Rio Vista, Riverside Dr., Roscoe, Toluca Lake, Millikan JHS, Reed JHS, Sun Valley JHS, Grant HS, Jack London HS, North Hollywood HS, Arminta CC, Fair Ave. CC, Toluca Lake CC, Earhart.

 

Valley West (31 seats)

District 1 (5 seats): Beckford, Calahan, Chatsworth Park, Darby, Germain, Limerick, Napa, Nevada, Superior, Topeka, Lawrence JHS, Nobel JHS, Nobel Fundamental Magnet, Northridge JHS, Aggelar HS Chatsworth HS, Granada Hills HS, Stoney Point HS, West Granada HS.

District 2 (8 seats): Andasol, Balboa Mini-Magnet, Burton, Danube, Dearborn, El Dorado, El Oro, Gledhill, Granada, Haskell, Herrick, Knollwood, Langdon, Mayall, Noble Ave., Plummer, San Jose Mini-Magnet, Sylmar, Tulsa, Van Gogh, Vintage Fundamental Magnet, Frost JHS, Henry JHS, Holmes JHS, Porter JHS, Porter Magnet, Sepulveda JHS, Sepulveda Magnet, Addams HS, Einstein HS, Kennedy HS, Monroe HS, Kennedy/San Fernando CAS, Noble CC, Gledhill CC.

District 3 (8 seats): Lokrantz, Calabash, Calvert, Canoga Park, Capistrano, Fullbright, Hamlin, Hart, Justice, Lockburst, Melvin, Pomelo, Serrania, Shirley, Sunny Brae, Topanga, Welby, Welby Magnet, Winnetka, Woodlake, Woodland Hills, Columbus JHS, Hale JHS, Parkman JHS, Sutter JHS, Canoga Park HS, El Camino HS, Leonis HS, Owensmouth HS, Taft HS, Thoreau HS, El Camino CAS, Canoga Park CC.

District 4 (10 seats): PSA Northwest Office, Region E Office, Area 9 SFP, Valley Educational Supply Center, Leichman Center, Miller HS, West Valley TMR, Anatola, Bassett, Bertrand, Blythe, Cantara, Cohasset, Emelita, Encino, Gault, Lanai, Lorne, Lorne Fundamental Magnet, Nestle, Reseda Elementary, Stagg, Tarzana, Valley Alternative, Vanalden, Wilburn, Mulholland JHS, Portola JHS, Portola Magnet, Aliso HS, Birmingham HS, Cleveland HS, Zane Grey HS, Independence HS, Reseda HS, Sherman Oaks CES, Reseda CAS, Lemay CC, Vanalden CC.

 

Harbor Area (25 seats)

District 1 (5 seats): Special Education Center, Bandini, Barton Hill, Cabrillo, Crestwood, 15th, Hawaiian, Leland, Park Western, Park Western Magnet, Point Fermin, Seventh, Taper, Taper Magnet, White Point, Dana JHS, Dodson JHS, Dodson Magnet, Angel's Gate HS, Cooper HS, San Pedro HS, South Shores CES, San Pedro CAS, Cabrillo CC, Hawaiian CC, Park Western CC, Harbor Occupational Center, SP Wilmington Skills Center, San Pedro Science Center.

District 2 (6 seats): Broad, Eshelman, Fries, Gulf, Harbor City, Lomita Fundamental Magnet, Normont, President, Wilmington Park, Fleming JHS, Wilmington JHS, Avalon HS, Banning HS, Narbonne HS, Patton HS, Banning-Carson CAS, Normont CC, Wilmington Park CC.

District 3 (6 seats): Annalee, Bonita, Broadacres, Caroldale, Carson St., Catskill, Delamo, Dolores, Dominguez, Halldale, Leapwood, Meyler, Towne, 232nd Place, Van Deene, Carnegie JHS, Curtiss JHS, White JHS, Carson HS, Eagle Tree HS, Dolores CC.

District 4 (6 seats): South Certificated Personnel, Administrative Region A, South Educational Support Center, Region Schools Area 1, Banneker TMR, Sellery, Ambler, Ambler Magnet, Amestoy, Amestoy Multilingual/Multicultural Center, Avalon Gardens, Century Park, Chapman, Cimarron, Denker, Figueroa, Gardena, 116th, 186th, 156th, 153rd, 116th, 135th, 122nd, Purche, West Athens, Woodcrest, Clay JHS, Gompers JHS, Peary JHS, Peary Fundamental Magnet, Gardena HS, Moneta HS, Gardena CAS.

APPENDIX THREE - LEGAL COUNSEL - TRYGSTAD, AMENDING CONSITUTION

To: UTLA House of Representatives
From: Lawrence Trygstad, UTLA Counsel
RE: Amending Proposed Constitutional Matters on the House Floor
Date: July 28, 1975

expand APPENDIX THREE »

I recently received a note which asked whether or not a proposed amendment to the Bylaws of the United Teachers Los Angeles Constitution could be altered on the House floor prior to voting on it. The question is not susceptible to any easy comprehensive answer. The Constitution, Article XI, Sections 2 and 3, prescribe that all representatives must be given written copies of the amendment; it must be published in the UTLA paper; all area assemblies shall have the opportunity to discuss the proposed amendment. These appear to be mandatory provisions designed to inform all members and representatives of proposed changes to the Bylaws. Adequate time must be given to allow the free flow of information between the membership and their representatives. Alterations of proposed amendments on the House floor prior to voting circumvent this procedure and the protection afforded the membership.

Court decisions in this area have markedly varied. The major case in this area appears to be Weber v. Marine Cooks and Stewards' Assn., 93 C.A. 2d 327 (1949). It would appear that minor changes in wording, meaning or procedure will be tolerated even if the amendment procedure is mandatory. Further, alterations of amendments which do not affect fundamental rights of the memberships or the property of the association would probably survive the attack. This, however, is a "grey area" and may be the source of potential litigation.

Robert's Rules of Order, 1970, revised edition, at page 495, states: "No amendment (of an amendment to the bylaws) is in order that increases the modification of the article or rule to be amended. This restriction prevents members from proposing a slight change and then taking advantage of absent members by moving the greater one as an amendment to the amendments”.

Based upon this reasoning, it is my opinion that insubstantial changes may be made to a proposed amendment without going through the entire procedure again; however, substantive changes would not be permitted and should be required to go through the requirements of Article XI, Section 2 and 3 of the Constitution.

 

APPENDIX FOUR - MERGER AGREEMENT

(original version without subsequent amendments)

The undersigned parties, the ASSOCIATION OF CLASSROOM TEACHERS-LOS ANGELES, hereinafter referred to as ACT-LA, a California corporation, and the LOS ANGELES TEACHERS UNION, LOCAL 1021, AMERICAN FEDERATION OF TEACHERS, AFL-CIO hereinafter called LATU, agree to merge into a new organization on or before February 1, 1970, in accordance with the following provisions:

expand APPENDIX FOUR »

1. General Provisions.

A. The name of the new merged organization shall be "UNITED TEACHERS LOS ANGELES," hereinafter referred to as UTLA.

B. The interim period hereinafter referred to shall be defined as the period from February 1, 1970 to January 1, 1971.

C. ACT-LA and LATU shall enter into memorandums of agreement which establish UTLA's negotiating goals, welfare fund, travel program, insurance program, improvement and utilization of present negotiating procedures, publications and utilization of existing facilities and equipment. These memorandums of agreement shall be attached hereto and marked "Appendix A."

D. UTLA shall give first priority to membership action and services at the local level.

E. The terms of this merger agreement may be changed by the UTLA Board of Directors provided, however, that during the interim period a change in the terms of this merger agreement must be approved by a majority of the 23 members of the UTLA interim Board of Directors who were formerly members of the ACT-LA Board of Directors and by a majority of the 39 members of the UTLA Board of Directors and by a majority of the 39 members of the UTLA interim Board of Directors who were formerly members of the executive board of LATU.

F. All steps necessary to preserve and protect representation on the existing Negotiating Council of the Los Angeles Unified School District shall be taken.

II. Membership in UTLA

A. Any certificated employee of the Los Angeles City Board shall be eligible for membership in UTLA upon payment of membership dues; and upon compliance with other appropriate membership criteria provided in this agreement. No certificated employee of the Los Angeles City School District shall be eligible for membership in UTLA if such employee's regular employment requires an administrative or supervisory credential and if such employee's regular employment duties are substantially supervisory.

B. As a condition of membership in UTLA, a certificated employee must also be a member of CALIFORNIA TEACHERS ASSOCIATION and the NATIONAL EDUCATION ASSOCIATION or be affiliated through UTLA with the CALIFORNIA FEDERATION OF TEACHERS and the AMERICAN FEDERATION OF TEACHERS, AFL-CIO. Each UTLA member shall exercise a choice during the month of February, 1970. All former ACT-LA members who do not make their choice during the month of February, 1970 shall automatically be affiliated through UTLA with the CALIFORNIA FEDERATION OF TEACHERS and the NATIONAL EDUCATION ASSOCIATION. All former LATU members who do not make their choice during the month of February, 1970 shall automatically be affiliated through UTLA with the CALIFORNIA FEDERATION OF TEACHERS and the AMERICAN FEDERATION OF TEACHERS, AFL-CIO. The effective date for the membership for affiliation of each UTLA member in the state and national organizations shall take place on September 1, 1970. The procedures for implementing this provision shall be established by the administrative committee hereinafter described in this agreement.

C. The uniform UTLA annual membership dues to be effective at the beginning of the school term in September 1970 shall be established at an annual rate of 1 1/2 percent of the minimum salary for certificated employees (Step 11 (b) of the Los Angeles Certificated Employees Salary Schedule). UTLA dues from February 1, 1970, to September 1, 1970, shall be the same as the former dues of the two merging groups. Former ACT-LA members shall pay at the rate of $4 per school month. Former LATU members shall pay at the rate of $5 per month. New members joining after February 1, 1970, shall pay at the rate of $5 per school month. The dues structure and the procedures for modifying the dues shall be set forth in the UTLA Constitution to be adopted hereinafter.

D. ACT-LA and LATU and UTLA agree not to participate or engage in any exclusive affiliation election with any national or state organizations prior to January 1, 1974. In the event of a national merger between the National Education Association and the American Federation of Teachers, AFL-CIO, an exclusive affiliation election may be held in accordance with procedures to be set forth in the UTLA Constitution to be hereinafter adopted.

E. UTLA shall pay all AFL-CIO per capita payments for all former LATU members who are affiliated through UTLA with the CALIFORNIA FEDERATION OF TEACHERS and AMERICAN FEDERATION OF TEACHERS.

III. Merger Timetable

A. On December 22, 1969, ACT-LA and LATU shall send letters explaining the merger to their respective members.

B. On December 29, 1969, ACT-LA and LATU shall send more detailed information concerning the merger to their respective members.

C. During the week of January 5, 1970, ACT-LA and LATU shall send a joint publication explaining the merger to their members.

D. Ballots with identical wording prepared by an agreed upon third party shall be distributed to members of ACT-LA and LATU and retained and tabulated on or before January 25, 1970.

E. The merger shall be effective on February 1, 1970.

IV. Employment of Staff

A. The present ACT-LA executive director shall be employed as the executive director of the UTLA professional and clerical staff effective February 1, 1970.

B. UTLA shall employ present professional and clerical staff of ACT-LA effective February 1, 1970.

C. The LATU staff shall be employed by UTLA on the following basis:

1. The LATU executive secretary shall be employed as a full-time staff member as associate executive director effective February 1, 1970.

2. One half-time and two part-time LATU professional staff shall be employed by UTLA effective February 1, 1970, until September 1, 1970, at which time a total of three fulltime professional staff from LATU will be employed until January 1, 1971, at which time a total of four LATU professional staff persons shall be employed by UTLA.

3. The 3 LATU clerical staff members shall be employed by UTLA effective February 1, 1970.

D. Existing arrangements with the legal staff shall remain in effect until September 1, 1970.

E. Current professional and clerical staff re-numeration and fringe benefit arrangements shall remain in effect until a new contract with the professional and clerical staff becomes effective on September 1, 1970.

F. UTLA shall enter into negotiations with the UTLA professional and clerical staff prior to September 1, 1970, with said staff where job classifications commensurate with training and experience are in conflict because of different renumeration, all staff in that classification shall be compensated in an amount equal to the highest compensation paid a staff member in that classification.

V. Organizational Structure of UTLA During the Interim Period

A. The officers of UTLA during the interim period shall be:

1. President

2. Executive Vice President

B. The persons filling the above-listed positions shall be designated as follows:

1. The present ACT-LA president shall be the president of UTLA on release time from February 1, 1970, through January 1, 1971.

2. The present LATU president shall be the executive vice president of UTLA on release time from February 1, 1970, through January 1, 1971.

C. The UTLA Interim Board of Directors shall consist of the present twenty-three members of the ACT-LA Board of Directors and the present thirty-nine members of the Executive Board of LATU. For purpose of voting, each former member of the ACT-LA Board of Directors shall have a value of three assigned to his vote and each former member of the LATU Board of Directors shall have a value of one assigned to his vote.

D. Committees for the interim period and their duties shall be as follows:

1. Administrative Committee. An Administrative Committee composed of six members appointed by the Board of Directors of ACT-LA and six members appointed by the Executive Board of LATU shall be formed on or before February 1, 1970, in accordance with the following provisions:

a. The Administrative Committee shall remain in existence up to January 1, 1971.

b. The duties of the Administrative Committee shall be to implement the terms of this agreement subject to approval and any modifications of any decisions of the Administrative Committee of UTLA interim Board of Directors.

c. The Administrative Committee shall be charged with the development of negotiating policies for UTLA.

d. The Administrative Committee shall have the responsibility to develop procedures and a program for collective-bargaining and any necessary strike or economic action.

e. The Administrative Committee may establish other committees as needed subject to the modification and approval of the UTLA Board of Directors.

2. Constitution Committee. A Constitution Committee shall be established on or before February 1, 1970, consisting of four ACT-LA members and four LATU members selected by their respective boards of directors. The duties of the Constitution Committee shall be as follows:

a. To develop a permanent constitution and committee structure in accordance with the following directives:

1) The UTLA Board of Directors shall be an elected body which includes the UTLA president, executive vice president, elementary vice president, secondary vice president, secretary-treasurer, eight representatives elected by the elementary district area, eight representatives elected at large, and the immediate past president of UTLA—in the event there is one—making a total of twenty-one or twenty-two members. Elections for the UTLA Board of Directors shall be held during the month of November and those elected shall assume office on January 1.

2) The term of office for elected officers shall be set for two years.

3) Provisions setting forth the election of a number of representatives in the UTLA House of Representatives shall be set forth in the Constitution.

b. In the event the Constitution Committee is unable to recommend a constitution to the UTLA interim Board of Directors by or before September 1, 1970, the UTLA Board of Directors shall assume the duties of drafting a constitution.

c. The constitution shall be submitted for approval to the membership of UTLA to be adopted by a majority vote.

3. Budget Committee. A Budget Committee composed of six former ACT-LA members and four former LATU members selected by their respective Boards of Directors shall become operative on February 1, 1970, and shall have the following duties:

a. To formulate an interim budget and submit it to the UTLA Interim Board of Directors no later than March 1, 1970.

b. To establish an action fund to be effective on September 1, 1970.

c. The budget submitted shall be subject to the modification and approval of the UTLA Interim Board of Directors.

E. Interim House of Representatives.

1. The Interim House of Representatives shall be composed of 180 former ACT-LA Representative Council members and 90 former LATU members.

2. The members of the Interim House of Representatives shall hold office from January 2, 1970, to January 1, 1971.

3. All members of UTLA Board of Directors and all UTLA officers shall be members of the Interim House of Representatives and shall be included in the total number stated in subsection (1).

4. Meetings of the Interim House of Representatives shall be held on the third Wednesday of each month for the period from February 1, 1970, to January 1, 1971, provided, however, that no meetings shall be held during the summer months unless such meetings are convened in accordance with the provisions of this section.

5. Emergency meetings of the interim House of Representatives may be called by the UTLA Board of Directors.

6. Meetings of the entire UTLA membership may be called by the Interim House of Representatives by a two-thirds vote.

VI. Assumption of Assets. Debts and Liabilities

A. UTLA shall assume all assets, debts, and liabilities of ACT-LA and LATU, including per capita obligations which are in existence on January 31, 1970.

B. ACT-LA and LATU agree to obtain audits by certified public accountants of their financial condition as of January 31, 1970, and to submit such audits to the Budget Committee on or before April 1, 1970.

VII. Agreements with State and National Associations

A. UTLA shall be affiliated with the California Teachers Association, hereinafter called CTA, and the National Education Association, hereinafter called NEA, and the California Federation of Teachers, hereinafter called CFT, and the American Federation of Teachers, AFL-CIO hereinafter called AFT.

B. ACT-LA and LATU agree to make appropriate financial arrangements with their respective state and national organizations as set forth in Appendix B attached hereto.

C. CTA and NEA and CFT and AFT, by a written agreement, shall agree to refrain from recruiting members for their respective organizations during the interim period, provided, however, that (a) any present staff arrangements may be continued and utilized and (b) national and state staff may be called in during an emergency when requested by the UTLA Board of Directors.

D. CTA and NEA and CFT and AFT shall agree in writing that they will not charter any competitive teacher organization composed of certificated employees of the Los Angeles Unified School District.

VIII. Arbitration

Any controversy or claim arising out of, or relating to, this merger agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All costs of any arbitration proceedings shall be shared equally between the parties.

IX. This merger agreement shall be effective and contingent upon CTA and NEA and CFT and AFT agreeing in writing with ACT-LA and LATU to the terms and conditions of this merger agreement. These agreements shall be attached hereto and marked Appendix C.

 

APPENDIX A

expand APPENDIX A »

I. Policy

A. Achievement of a written collective bargaining contract.

B. Strike Action when necessary.

C. The Board of Directors of UTLA will initiate collective action if the Los Angeles Board of Education does not agree to a written contract mutually agreed upon by the UTLA and the Board of Education in the spring of 1970.

D. Equal Partnership philosophy from the start.

E. Dedication to teacher welfare and educational improvement.

F Absolute non-discrimination on the grounds of race, religion, sex, and political beliefs regarding staff membership and schools.

G. Dedication to the abolition of racism or any and all types of discriminatory treatment of children and teachers.

II. Publications

A. All publications such as newspapers, information sheets, position paper pamphlets, etc., shall be the responsibility of the Administrative Board.

B. It shall be the policy of the Administrative Board that absolute fidelity shall be shown toward any and all issues and personalities involved in the operation of the new organization.

C. Editorial policy, as established by the Administrative Board, shall be adhered to in all publications. Any attempt to slant or propagandize through either text or photo in an effort to promote the interests of either CFT/AFT or CTA/NEA is absolutely prohibited.

D. Every effort will be made through the publications of the new organizations to diminish, salve, unite, and ultimately end any differences which might exist at the beginning of the merger.

E. The newspaper shall be named by the Administrative Board.

III. Negotiating Council

UTLA will introduce, and endorse, and support a collective bargaining bill in the State Legislature. The Negotiating Council vehicle may be abandoned by the new organization. If UTLA determines that the continued existence of the negotiating council might offer an avenue to achieve a collective bargaining contract when the representation on the negotiating council will consist of UTLA negotiating committee.

IV. Insurance

A. UTLA shall establish an insurance trust consisting of equal numbers of members from ACT-LA and AFT. This insurance trust shall be responsible for the development of an optimum insurance program for the benefit of the members.

B. Agreements entered into by the insurance trust with insurance carriers shall be offered to the Board of Director for approval.

C. In all instances the direction of insurance operations is to provide the best coverage for the least premium for the members of the organization.

D. Existing policies and endorsements shall be continued until parallel programs can be established.

V. Welfare Fund

A. A welfare fund shall be established in September 1970.

B. This fund is to be initially financed from the general UTLA budget.

C. Once established, every effort is to be made to get the Board of Education to bring a monetary contribution. The purpose of the welfare fund is so that ultimately the new organization is responsible for the administration of every welfare program paid for by the Board of Education for the teachers in the district.

D. This will enable proper policing, investment of funds, etc., and give complete control of the welfare package to the organization which represents the teachers and which is responsive to their needs through an election process.

E. At the beginning, before substantial contributions by the Board, the welfare fund may not be able to provide any benefits.

VI. Travel Program

A full travel program shall be maintained under the direction of a travel agent or agency selected by the Administrative Board.

VII. Facilities & Equipment

A new location will be occupied by the merged group. A joint housing committee will be established immediately to locate a facility for recommendation to the Board of Directors.

VIII. United Teachers Los Angeles Negotiating Goals

The primary aim of UTLA will be to establish a written contract with comprehensive agreement covering all areas of the educational program and teachers wages, welfare and working conditions.

The following is a sample of the UTLA's negotiating demands:

A. Education Improvements

1. Class Size and Reductions

a. Teachable class size, with a maximum of 25 students and an average of 20.

b. Reduction to a minimum of 20 students in all inner-city primary classes.

2. Elementary school reorganization to provide four teachers for each cluster of three classes, in addition to teacher specialists in library, music, art and physical education in every school.

3. Fully integrated curriculum, which requires basic as well as supplementary texts to contain racially and ethnically mixed illustrations and treatment.

4. Bilingual programs including special teachers for foreign languages.

5. Firm duty-free conference period for ALL teachers.

6. Restoration of In-service education for teachers.

B. Salary and Benefit Improvements

1. Provisional Salary Schedule

a. Seven credits for column advance.

b. Eight years to maximum.

c. $10,000 to $20,000 schedule.

d. $500 per M.A. and $1,000 per Ph.D.

2. Fully Funded Retirement Program

a. Teachers share of retirement distributes fully paid by the school board.

b. Optional 20 years retirement at one-half pay.

c. Retirement Option: A teacher may teach one-half time and receive full pay after twenty years of service.

d. Built in cost-of-living increases after retirement.

3. Improved Leave Provisions

a. Unlimited sick leave accumulation, at the rate of 15 days per year, with full pay for unused portion at termination of employment; provision for a voluntary sick leave bank from which to borrow days over those personally earned.

b. Five day paid personal leave each year for private business, religious holidays, family illness, etc., with pay for unused portion at year's end, and with no explanation required.

c. Guaranteed full, paid sabbatical leave.

4. Free and full coverage of bills from hospitals, doctors, dentists, psychiatrists and druggists.

5. Summer School

a. Summer compensation for all teachers.

b. Impartial and accountable procedure for selecting summer staff, with full pay at next summer's rate.

c. 15% of summer school salary for teachers taking summer courses.

6. All extra duty assignments to be voluntary and paid.

7. Additional policies and programs, and modifications of the above, shall be developed by the membership through the democratic procedures established.

 

APPENDIX B

expand APPENDIX B »

I. The subsidies presently being received by ACT-LA shall be continued to be paid to UTLA up to August 31, 1970.

II. CFT shall pay to UTLA a subsidy at the rate of $1,000 per month commencing on February 1, 1970, and continuing through August 31, 1970.

III. The AFT shall pay to UTLA a subsidy at the rate of $1,000 per month commencing on February 1, 1970, and continuing through August 31, 1970.

IV. UTLA shall request and negotiate financial relief from their respective state and national organizations in the event UTLA is faced with a serious cash flow problem.

V. Effective September 1, 1970, UTLA shall pay membership dues to CTANEA and UTLA membership dues.

VI. Effective September 1, 1970, UTLA shall pay affiliation fees to CFTAFT from UTLA membership dues.

VII. In the event total membership dues or affiliation fees to either CTANEA or CFT-AFT are increased above $63 by either of these organizations, UTLA shall pay to CTA-NEA and CFT and AFT an amount equal to the maximum amount required by either of these groups of organizations.

VIII. NEA shall agree in writing effective at the beginning of the school term in September 1970 for a period of three years to compensate UTLA for any loss in membership caused by a decrease in the total members of ACT-LA as of January 31, 1970. Compensation shall be paid to UTLA at the rate of $40 per member per year.

IX. AFT shall agree in writing effective at the beginning of the school term in September 1970 for a period of three years to compensate UTLA for any loss in membership caused by a decrease in the total members of LATU as of January 31, 1970. Compensation shall be paid to UTLA at the rate of $1861 per member per year.

X. UTLA agrees to guarantee CTA and NEA and CFT and AFT against any loss in affiliation membership based upon the current affiliation membership in each of the organizations by current ACT-LA and LATU membership, as of January 31, 1970. This compensation shall be based on affiliation fees as set forth in this section for a period of three years effective at the beginning of the school term in September 1970.

 

APPENDIX FIVE - BYLAWS OF UTLA - RETIRED

ARTICLE 1 – NAME
The official name of the organization is the United Teachers Los Angeles – Retired, hereinafter referred to as UTLA-R.

expand APPENDIX FIVE »

ARTICLE II – PURPOSES
The purposes of this organization shall be to:

1. Serve as the representative body for those certificated employees of the Los Angeles Unified School District (LAUSD) who have retired.

2. Work through the United Teachers – Los Angeles (UTLA) to improve the welfare of public education and retired teachers.

3. Secure for retired teachers their deserved status among America’s professionals.

4. Provide a vehicle for unified action in concert with other organizations to represent and monitor concerns of retired teachers.

ARTICLE III – OFFICES
The principal office of the UTLA-R for the transaction of its business is located in the City of Los Angeles, County of Los Angeles, State of California. UTLA-R shall have such other offices as its business may require.

ARTICLE IV – MEMBERS
Section 1 – Classes of Membership
The organization shall have one class of members as follows: Retired members.

Section 2 – Rights of Members
a. Members shall have the rights, privileges and responsibilities as set forth in these Bylaws. Associate and honorary members have no voting rights and shall not be eligible for elective and appointive offices of the UTLA-R. All members shall have the right to receive publications of UTLA-R and to have access to all reports of the UTLA-R.

b. The books of account, the minutes of meetings of all bodies of the UTLA-R, and the membership records shall be open to inspection on the written demand of any member at any reasonable time.

Section 3 – Admission
Applicants other than Honorary members shall be admitted to membership upon payment of the annual dues to UTLA-R specified for such membership.

The Steering Committee shall provide for the issuance of membership cards in such form as required by UTLA-R.

Section 4 – Dues and Assessments
The annual dues payable to UTLA-R by members shall be in the amount as may be determined by those dues set in the UTLA Constitution.

Section 5 – Termination of Membership
The membership of any member of UTLA-R shall terminate upon the member’s death or resignation from UTLA-R.

Section 6 – Duties of Members
a. Each member of UTLA-R shall actively support and promote the stated purposes of UTLA-R. Each member of UTLA-R shall actively support and promote the stated purposes of UTLA in matters affecting Los Angeles.

Section 7 – Censure and Suspension
a. Grounds for Censure and Suspension – Any member can be censured or suspended from the UTLA-R for good cause, as herein defined, provided:

(i) notice of specific charges against the member is given to the member,

(ii) a reasonable and fair hearing is afforded to the member on the charges; and

(iii) the proposed action resulting from the hearing receives an affirmative vote of two-thirds (2/3) or more of the General Assembly.

(b) Good Cause – “Good cause,” as used herein, is defined as the failure of a member to abide by the Bylaws of the UTLA-R or with the rules and regulations of the General Assembly.

ARTICLE V – OFFICERS Section 1 – Titles
The officers of UTLA-R shall be the Officers hereinafter defined. The Officers shall be the President, Vice president, Secretary, and Treasurer. No person shall concurrently hold an elected or appointee position in UTLA-R and a part-time or full-time staff position in teacher’s organization.

Section 2 – Qualifications and Terms
Any member of UTLA-R who has been a member of the General Assembly for at least six (6) months is qualified to be an officer of UTLA-R. The requirement of a two-year membership in the General Assembly shall not be applicable for the first term of each office.

The term of office for each officer and elected members of the Steering Committee shall be for two (2) years commencing on July 1 of the year in which they are elected.[1][1]

Section 3 – Election
The Officers shall be elected by the membership in a secret ballot election. Any vacancies which occur in any office shall be filled by special election for the unexpired term thereof, and according to the procedures required. Members and Alternates of the House of Representatives and representatives to the Retirement Issues Committee shall be elected by a plurality of the votes cast. The number of elected Alternates shall be equal to the number of elected UTLA-R members to the House of Representatives.[2]

Section 4 – Powers and Duties of the Officers
1. President. The President shall represent UTLA-R subject to the control of the Steering Committee. The President shall preside at all meetings of the Steering Committee and General Assembly, represent UTLA-R at the UTLA Board of Directors, make annual reports to the General Assembly and membership, serve as official spokesperson for UTLA-R, and perform such other functions as required. The President, with the advice and consent of the Steering Committee, shall recommend to the UTLA President a representative and alternate for the District wide Health Benefits Committee. UTLA-R representatives to other organizations shall be appointed by the President, with the advice and consent of the Steering Committee.[3][3]

2. Vice President. The Vice President shall perform all duties of the President in the President’s absence or incapacity, and serve as alternate, and shall otherwise function at the direction of the President.

3. Secretary. The Secretary shall be responsible for the custody and keeping of the official records, papers and minutes of all business meetings, shall correspond on behalf of UTLA-R at the direction of the President, shall give all required notices, shall maintain a current total membership list and committee list, including the addresses of all members, which lists shall be open to inspection by any member, and shall perform such other duties incident to the office of Secretary.

4. Treasurer. The Treasurer shall have custody over all funds and books of account of UTLA-R under the supervision of the Steering Committee and shall supervise the maintaining of adequate and accurate accounts and records, shall render reports at the direction of the President and Steering Committee, and shall perform such duties incident to the office of Treasurer and as required by law.

 

ARTICLE VI – STEERING COMMITTEE

Section 1 – Composition

The Steering Committee shall consist of the President, Vice President, Secretary, Treasurer, five (5) committee members elected by the General Assembly, and those representatives to the UTLA House of Representatives and to the UTLA Retirement Committee elected by the UTLA-R General Assembly.[4][4] The Steering Committee shall also include all candidates for President in the most recent election who received at least 25% of the vote,[5][5] alternates to the House of Representatives,[6][6] and representatives to other organizations.[7][7] Past presidents of UTLA-R shall remain members of the Steering Committee as long as they retain membership in UTLA-R.[8][8] All Steering Committee members must have been members of UTLA-R for six (6) months prior to assuming office.

Section 2 – Powers and Duties
The Steering Committee shall:

a. Exercise all of the business and organizational powers and duties as prescribed by laws of UTLA-R subject to any restrictions which may be imposed by the General Assembly.

b. Create or abolish UTLA-R committees and appoint the membership and chairpersons of such committees:

c. Approve the annual budget of UTLA-R and recommend its adoption by the General Assembly, consistent with the provisions of Article V Section 4 of these Bylaws.

d. Propose UTLA-R Bylaw amendments to the UTLA-R General Assembly.

Section 3 – Standing Rules
The Steering Committee, acting by the affirmative vote of two-thirds (2/3) or more of its members, shall have power to adopt, and from time to time amend, such rules and regulations pertaining to the purposes, activities, and affairs of the UTLA-R as it deems necessary or desirable, provided that such rules and regulations do not conflict with any provisions of law, or Bylaws, or any action taken by the General Assembly. Such rules and regulations shall be known and designated Standing Rules.

Section 4 – Meetings
a. Regular and Special Meetings – The Steering Committee shall meet consistent with Article VII, section 4 of these Bylaws, at least four (4) times a year. Such meetings shall be chaired by the President. Special meetings may be called by the President or upon written concurrence of a majority of the Steering Committee. Ten (10) calendar days notice shall be given for such specially called meetings. A quorum shall consist of majority of the members.

b. Waiver of Notice – The transactions of any meeting of the Steering Committee, however called and noticed or wherever held, shall be valid though they had been conducted at a meeting duly held after regular call and notice if a quorum be present and if, either before or after the meeting, each of the committee members not present signs a written waiver of notice or a consent to holding such a meeting on an approval of the minutes thereof.

Section 5 – Term of office
(A) The term of office for members of the UTLA-R Steering Committee shall be concurrent with that of the officers of UTLA-R.

(B) Three unexcused absences are cause for removal from office.

Section 6 – Vacancies
Vacancies shall be filled by special election for the remainder of the unexpired term and consistent with the policies of UTLA-R.

 

ARTICLE VII – GENERAL ASSEMBLY

Section 1 – Authority
The General Assembly shall be the policy-making and legislative body of UTLA-R.

Section 2 – Composition
The General Assembly shall be composed of all UTLA-R members.

Section 3 – Powers and Duties
a. To adopt the annual budget of UTLA-R, consistent with Article V Section 5.

b. To adopt election procedures for the officers of UTLA-R President, Vice President, Secretary, and Treasurer.

c. To amend these Bylaws by an affirmative vote of those present at regular meeting of the General Assembly.

d. Perform such other functions and duties as may be requested.

Section 4 – Meetings
The General Assembly shall meet at least four (4) times a year. The first meeting of the traditional school year shall be the annual meeting. The President shall preside over all meetings.

 

ARTICLE VIII – ELECTIONS

Section 1 – Election Committee
UTLA-R elections shall be by secret ballot and in accordance with the policy of one person, one vote. These elections shall be for UTLA-R President, Vice-President, Secretary, Treasurer, and Steering Committee members. All elections shall be under the control of an Election Committee to be appointed by the President.

Section 2 – Manner of Holding
All elections shall be held by secret ballot.

Section 3 – Nomination of Candidates
All candidates for UTLA-R offices shall be nominated by presentation of a signed statement declaring their intention to run. This will be the only means of nominating a candidate.

 

ARTICLE IX – INITIATIVE REFERENDUM AND RECALL

Section 1 – Initiative and Referendum
Upon presentation to the President of a petition signed by at least ten (10) percent of the members of UTLA-R requesting that a matter be placed before the membership for consideration or that an action of the Steering Committee be referred, the Steering Committee shall submit the matter to a vote of the membership within forty (40) days of receipt of such petitions.

Section 2 – Recall
Upon presentation to the President of a petition signed by at least twenty (20) percent of the membership, and naming any elected official as a respondent, the Steering Committee shall:

1. Notify the named official of the specific charges presented; (ii) Provide an opportunity for the named official to respond to such charges; (iii) submit the question of recall to membership within forty (40) days of the time the petition is first presented to the President.

An affirmative vote of two-thirds (2/3) or more of the membership shall be required for recall.

 

ARTICLE X – AMENDMENTS

Section 1 – Proposals
Amendments to these Bylaws may be proposed by an affirmative vote to two thirds (2/3) or more of the Steering Committee or by petition of 20% of the membership.

Section 2 – Adoption
All proposed amendments will first be presented in writing to a Bylaws Committee for a check of clarity of wording and consistency with existing Bylaws. Within thirty (30) days after the proposed amendments are presented to the Bylaws Committee, the Bylaws Committee shall present the proposed amendment to the General Assembly for adoption at least ten (10) days prior to the meeting of the General Assembly at which the adoption is to be taken. A copy of the proposed amendments shall be printed in the United Teacher. An affirmative vote of two-thirds (2/3) or more of the members present at the General Assembly shall be required for adoption. Amendments to these Bylaws shall become effective immediately on their adoption unless otherwise provided at the time of adoption.

 

ARTICLE XI – INDEMNIFICATION

UTLA-R shall indemnify and hold harmless any officer or Steering Committee member for any alleged misfeasance or nonfeasance in the performance of such person’s duties when such person was acting within the course and scope of his/her responsibilities.

 

ARTICLE XII – CONFLICT OF INTEREST

No official of UTLA-R shall have any interest, financial, or otherwise direct or indirect, or engage in any business or transaction or professional activity; or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his/her duties in the interest of UTLA-R members.

 

ARTICLE XIII – EQUAL OPPORTUNITY

Section 1 – Nondiscrimination
The UTLA-R shall observe Constitutional guarantees of equal rights and opportunities regardless of race, creed, gender, or ethnic origin. Consistent with this principle, the UTLA-R shall sponsor only those activities which are open to participation by any member of UTLA-R who meets the requirement for any specific activity as provided in these Bylaws regardless of race, creed, gender, or ethnic origin.

 

ARTICLE XIV – ROBERT’S RULES OF ORDER

On all matters of procedure not otherwise covered by the provisions of these Bylaws, or by the Standing Rules, Robert’s Rules of Order, latest revised edition, shall be the official guide.

 

ARTICLE XV – IMPLEMENTATION

These Bylaws shall become effective upon the execution of an agreement between UTLA-R and UTLA.

 

APPENDIX ONE

Subject: UTLA-R Bylaws
In that there are sections of the UTLA-R Bylaws that are inconsistent with or are in opposition to the Constitution and Bylaws of the United Teachers – Los Angeles, it is agreed that the members of the UTLA-R Steering Committee shall amend the UTLA-R Bylaws wherever necessary in order to guarantee that the UTLA-R Bylaws will be consistent with and subordinate to the Constitution and Bylaws of the United Teachers – Los Angeles.

 

APPENDIX TWO

Subject: Supplementary Information
On October 10, 2001, the UTLA-R Steering Committee unanimously passed the following motion to clarify Article VI, Section 1 of the Bylaws to specify that the retired teacher member and the retired teacher alternate to the District wide Health Benefits Committee are ex-officio members of the Steering Committee who do not need to stand for election:

Moved that the Steering Committee include the retired teacher member and the retired teacher alternate on the District wide Health Benefits Committee (DHBC) as members of the UTLA-R Steering Committee, falling under the definition of “representatives to other organizations.

__________________________________

Updated: 06/15/01 – Mel Roseman

Updated: 11/08/01 – Mel Roseman

 

APPENDIX SIX - BYLAWS UTLA/NEA

ARTICLE I — NAME

The official name of the organization is the United Teachers Los Angeles/NEA, hereinafter referred to as UTLA/NEA.

expand APPENDIX SIX »

ARTICLE II — PURPOSES

The purposes of this organization shall be to:

1. Serve as the representative body for those certificated employees of the Los Angeles Unified School District (LAUSD) who are members of the National Education Association (NEA) and the California Teachers Association (CTA):

2. Work through the United Teachers Los Angeles (UTLA) to improve the welfare of public education and teachers;

3. Promote the goals of the United Teaching Profession;

4. Secure for teachers their deserved status among America's professionals;

5. Serve as the Los Angeles affiliate of the National Education Association and the California Teachers Association;

6. Provide a vehicle for unified action in concert with other organizations to provide public education as a social institution.

 

ARTICLE III — AFFILIATION

UTLA/NEA shall be a chapter of the California Teachers Association and an affiliated local of the National Education Association.

 

ARTICLE IV — OFFICES

The principal office of the UTLA/NEA for the transaction of its business is 1ocated in the City of Los Angeles, County of Los Angeles, State of California. UTLA/NEA shall have such other offices as its business may require and as the Board of Directors may from time to time designate.

 

ARTICLE V - MEMBERS

Section 1 - Classes of Membership.

The organizations shall have four (4) classes of members as follows:

(1) Active Members; (2) Associate Members; (3) Retired Members; and (4) Honorary Members.

Section 2 - Rights of Members

(a) Members shall have the rights, privileges and responsibilities as set forth in these bylaws. Associate, Retired and Honorary members have no voting rights, and shall not be eligible for elective and appointive offices of the UTLA/NEA. All members shall have the right to receive publications of the UTLA/NEA and its affiliates and to have access to all reports of the UTLA/NEA and its affiliates. All members are entitled to all UTLA/NEA services available to the membership. No member shall hold more than one (1) membership in the UTLA/NEA.

(b) The books of account, the minutes of meetings of all bodies of the UTLA/NEA, and the membership records shall be open to inspection on the written demand of any member at any reasonable time, provided by corporate law in the State of California. Such inspection may be made in person or by an agent or attorney, and the right of inspection includes the right to make extracts. Demand of inspection shall be made in writing to the President and Secretary/Treasurer of the UTLA/NEA.

Section 3 - Qualifications for Membership.

Any member of UTLA/NEA shall be a member of NEA/CTA and, by virtue of such unified membership, shall be a member of UTLA.

Section 4 - Admission.

Applicants other than Honorary Members shall be admitted to membership in conformity with the requirements of Section 3 and upon payment of the annual dues to UTLA/NEA specified for such membership. The Board of Directors shall provide for the issuance of membership cards in such form as required by CTA and NEA.

Section 5 - Dues and Assessments.

The annual dues payable to UTLA/NEA by members of each class shall be in the amount as may be determined from time to time by recommendations of the Board of Directors to the Representative Assembly, and approved by the Representative Assembly.

Section 6 - Termination of Membership.

The membership of any member of UTLA/NEA shall terminate upon the member's death or resignation from UTLA/NEA, CTA, NEA, or UTLA.

Section 7 - Duties of Members.

(a) Each member of UTLA/NEA shall actively support and promote the elected purposes of the UTLA/NEA, CTA, and NEA in matters affecting state and national affiliates of UTLA/NEA. Each member of UTLA/NEA shall actively support and promote the stated purposes of UTLA in matters affecting Los Angeles.

Section 8 - Censure and Suspension.

(a) Grounds for Censure and Suspension -Any member can be censured or suspended from the UTLA/NEA for good cause, as herein defined, provided:

(i) notice of the specific charges against the member are given to the member, (ii) a reasonable and fair hearing is afforded to the member on the charges; and (iii) the proposed action resulting from the hearing receives an affirmative vote of two-thirds (2/3) or more of the Representative Assembly.

b) Good Cause - "Good Cause,~ as used herein, is defined as the failure of a member to abide by the Articles of Incorporation and/or Bylaws of the UTLA/NEA or with the Rules and Regulations of the Representative Assembly.

 

ARTICLE VI — OFFICERS

Section 1 - Titles

The officers of UTLA/NEA shall be the Executive Officers hereinafter defined, along with all members of the Board of Directors. The Executive Officers shall be the President, Vice President, and Secretary/Treasurer. No person shall concurrently hold an elected or appointed position in UTLA/NEA and a part-time or full-time staff position in a teacher's organization.(amended May, 1978, and October, 1978)

Section 2 - Qualifications and Term.

Any Active Member of UTLA/NEA who has been an active member of the Representative Assembly for at least two (2) years is qualified to be an officer of UTLA/NEA. The requirement of a two-year membership in the Representative Assembly shall not be applicable to the first term of each office. The term of office for each officer shall be for two (2) years commencing on February 1, 1978, and each February 1 in even-numbered years thereafter.

Section 3 - Election.

The Executive Officers shall be elected by the membership in a secret ballot election. Any vacancies which occur in any office shall be filled by a special election for the unexpired term thereof, and according to the procedures required by the affiliate(s) affected.

Section 4 - Powers and Duties of the Executive Officers.

(1) President. The President shall represent UTLA/NEA subject to the control of the Board of Directors. The President shall preside at all meetings of the Board of Directors and Representative Assembly, execute documents on behalf of the corporation, make annual reports to the Representative Assembly and membership, serve as official spokesperson for UTLA/NEA with CTA and NEA, and perform such other functions as required by law.
(amended May, 1977)

(2) Vice President. The Vice President shall perform all duties of the President in the President's absence or incapacity, and shall otherwise function at the direction of the President.

(3) Secretary/Treasurer. As Secretary shall be responsible for the custody and keeping of the official records, papers and minutes of all business meetings, shall correspond on behalf of UTLA/NEA at the direction of the President, shall give all required notices, shall maintain a current total membership list and committee and commission membership list, including the addresses of all members, which lists shall be open to inspection by any member, and shall perform such other duties incident to the office of Secretary and as required by law.

As Treasurer shall have custody over all funds and books of account of UTLA/NEA under the supervision of the Board of Directors and shall prepare the preliminary budget for consideration of the Board of Directors, shall supervise the maintaining of adequate and accurate accounts and records, shall render reports at the direction of the President and Board of Directors, and shall perform such duties incident to the office of Treasurer and as required by law.

 

ARTICLE VII — BOARD OF DIRECTORS

Section 1 - Composition.

The Board of Directors shall consist of the President, Vice-President, Secretary-Treasurer, twenty-four (24) directors elected by area, and ten ( 10) additional directors elected at large. All directors must have been members of UTLA/NEA for two (2) years prior to assuming office, except as provided in the Implementation Section for the initial term of office.

Section 2 - Powers and Duties.

The Board of Directors shall:

(a) Exercise all of the business and organizational powers and duties as prescribed by law, the Articles of Incorporation, and Bylaws of UTLA/NEA, subject to any restrictions which may be imposed by the Representative Assembly.

(b) Recognizing that the professional staff and UTLA have a valid collective bargaining agreement, UTLA/NEA shall respect the same. To meet a portion of the financial obligations of the above contract and provide continuing services for teachers, the Board of Directors of UTLA/NEA will be a party in the UNISERV contract.

(c) Create or abolish UTLA/NEA committees and commissions and appoint the membership and chairpersons of such committees.

(d) Approve the annual budget of UTLA/NEA and recommend its adoption by the Representative Assembly, consistent with the provisions of Article V, Section 5 of these Bylaws.

(e) Propose UTLA/NEA Bylaw amendments to the UTLA/NEA Representative Assembly.

Section 3 - Standing Rules

The Board of Directors, acting by the affirmative vote of two-thirds (2/3) or more of its members, shall have power to adopt, and from time to time amend, such rules and regulations pertaining to the purposes, activities, and affairs of the corporation as it deems necessary and desirable, provided that such rules and regulations do not conflict with any provisions of law, or of the Articles of Incorporation or Bylaws of the corporation, or any action taken by the Representative Assembly. Such rules and regulations shall be known and designated as Standing Rules.

Section 4 - Meetings.

(a) Regular and Special Meetings - The Board of Directors shall meet, consistent with Article U, Section 7 of these Bylaws, prior to each meeting of the CTA State Council of Education, and such meetings shall be chaired by the President. Special meetings may be called by the President or upon written concurrence of a majority of the Directors. Five (5) calendar days' notice when school is in regular session or ten (10) calendar days' notice when school is not in regular session shall be given for such specially called meetings. A quorum shall consist of one (1) more than one-half (1/2) of the members.

(b) Waiver of Notice - The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be valid as though they had been conducted at a meeting duly held after the call and notice. If a quorum be present and if, either before or after the meeting, each of the directors not present signs a written waiver of notice or a consent to holding such a meeting on an approval of the minutes thereof.

Section 5 - Term of Office

The term of office for members of the UTLA/NEA Board of Directors shall be concurrent with that of the officers of UTLA.

Section 6 - Vacancies

Vacancies shall be filled by special election for the remainder of the unexpired term and consistent with the policies of the affiliate(s) affected.

 

ARTICLE VIII — REPRESENTATIVE ASSEMBLY

Section 1 - Authority

The Representative Assembly shall be the policymaking and legislative body of UTLA/NEA and shall limit its decisions to those items of business affiliates relating to the state and national affiliates.
(amended October, 1978)

Section 2 - Composition.

The Representative Assembly shall be composed of no more than three hundred fifty (350) delegates. The members of the Board of Directors, and the following, who are also members of UTLA/NEA: a) CTA State Council delegates, b) CTA and NEA Board of Directors members, and c) CTA/ABC Committee members, shall be ex-officio voting delegates to the Representative Assembly. Delegates shall be elected on a proportionate basis from each of the geographic areas established by the Board of Directors. They shall be those UTLA/NEA members who: a) are elected to serve as delegates at the NEA Convention following their election; and, b) those UTLA/NEA members who are elected alternates and who actually serve as a registered voting delegate at the NEA Convention following their election. All Delegates must have been members of UTLA/NEA for at least two (2) years prior to assuming office, except as provided in the Implementation Section.

Section 3 - Powers and Duties.

In addition to those powers and duties otherwise provided for in the Articles of Incorporation and these Bylaws, the Representative Assembly shall have the following authority:

(a) To adopt the annual budget of UTLA/NEA, consistent with Article V, Section 5;

b) To adopt procedures for the election of representatives for state and national affiliates;

(c) To adopt election procedures for the offices of UTLA/NEA Vice President and Secretary-Treasurer;

(d) To amend these Bylaws by an affirmative vote of two-thirds (2/3) or more of the Representative Assembly;

(e) Perform such other functions and duties as may be provided by law, the Articles of Incorporation of UTLA/NEA or these Bylaws.

Section 4 - Meetings.

The Representative Assembly shall meet prior to each meeting of the CTA State Council of Education. The final meeting of the traditional school year shall be the annual meeting. The President shall preside over all meetings. A Quorum shall consist of one (1) more than one-half (1/2) of the delegates to the Representative Assembly.

Section 5 - Vacancies.

Vacancies in the Representative Assembly shall be filled by a procedure approved by the Representative Assembly. A majority vote of the Representative Assembly shall be required to fill the vacancy for the unexpired term. Vacancies shall be filled by members from the geographic area in which a vacancy occurs, unless the vacancy is one of an ethnic minority delegate.

 

ARTICLE IX — ELECTIONS

Section 1 - Election Committee.

UTLA/NEA elections shall be by secret ballot and in accordance with the policy of one person, one vote. These elections shall be for UTLA/NEA President, Vice-President, Secretary-Treasurer, Directors, the Representative Assembly (delegates to the NEA Convention), and the CTA State Council Representatives. All elections shall be under the control of an Elections Committee to be appointed by the Board of Directors.

Section 2 - Manner of Holding.

All membership elections shall be held by secret ballot.

 

ARTICLE X - INITIATIVE, REFERENDUM, AND RECALL

Section 1 - Initiative and Referendum.

Upon presentation to the President of a petition signed by at least ten (10) percent of the members of UTLA/NEA requesting that a matter be placed before the membership for consideration or that an action of the Board of Directors be referred, the Board of Directors shall publicize such proposal to the membership and shall submit the matter to a vote of the membership within forty (40) days of receipt of such petitions.

Section 2 - Recall.

Upon presentation to the President of a petition signed by at least twenty (20) percent of a named official's constituents, and naming any elected official as respondent, the Board of Directors shall:

(i) notify the named official of the specific charges presented; (ii) provide an opportunity for the named official to respond to such charges; (iii) submit the question of recall to the respondent's constituents within forty (40) days of the time the petition is first presented to the President.

An affirmative vote of two-thirds (2/3) or more of the respondent's constituents shall be required for recall.

 

ARTICLE XI —AMENDMENTS

Section 1 - Authorization.

Subject to the limitations contained in the Articles of Incorporation and to any provisions of law applicable to the amendment of Bylaws of non-profit corporations, these Bylaws or any of them, may be altered, amended, or repealed and new Bylaws adopted as provided in these Bylaws.

Section 2 - Proposals.

Amendments to these Bylaws may be proposed by an affirmative vote of two-thirds (2/3) or more of the Board or by petition of five hundred (500) members.

Section 3 - Adoption.

All proposed amendments will first be presented in writing to a Bylaws Committee for a check of clarity of wording and consistency with existing Bylaws. Within thirty (30) days after the proposed amendments are presented to the Bylaws Committee, the Bylaws Committee shall present the proposed amendment of the Representative Assembly for adoption. A copy of the proposed amendments shall be delivered or mailed to each member of the Representative Assembly at least ten (10) days prior to the meeting and a copy shall be presented in the official publication of the UTLA/NEA prior to the meeting of the Representative Assembly at which the adoption is to be taken. An affirmative vote of two-thirds (2/3) or more of the members of the Representative Assembly shall be required for adoption. Amendments to these Bylaws shall become effective immediately on their adoption unless otherwise provided at the time of adoption.

 

ARTICLE XII— INDEMNIFICATION

UTLA/NEA shall indemnify and hold harmless an officer, director, member, or employee of the corporation for any alleged misfeasance or nonfeasance in the performance of such person's duties, when such person was acting within the course and scope of his/her responsibilities to the corporation.

 

ARTICLE XIII — CONFLICT OF INTEREST

No official of the corporation shall have any interest, financial or otherwise, direct or indirect; or engage in any business or transaction of professional activity; or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his/her duties in the interest of UTLA/NEA members.

 

ARTICLE XIV — EQUAL OPPORTUNITIES

Section 1 - Nondiscrimination.

The UTLA/NEA shall observe Constitutional guarantees of equal rights and opportunities regardless of race, creed, sex, or ethnic origin. Consistent with this principle, the UTLA/NEA shall sponsor only those activities which are open to participation by any member of UTLA/NEA who meets the requirements for any specific activity as provided in these Bylaws regardless of race, creed, sex, or ethnic origin.

Section 2 - Ethnic Minority Guarantees.

The Board of Directors of the UTLA/NEA shall adopt such standing rules as are necessary to comply with CTA and NEA Bylaws and to insure ethnic minority representation on all elective and appointive bodies of the UTLA/NEA in proportion to the membership of the UTLA/NEA. Ethnic minority designations include Black, Mexican-American (Chicano), other Spanish-speaking groups, Asian-American, and Indian as used by the United States Bureau of the Census.

 

ARTICLE XV — ROBERT'S RULES OF ORDER

On all matters of procedure not otherwise covered by the provisions of these Bylaws, or by the Standing Rules of the corporations, Robert's Rules of Order, latest revised edition, shall be the official guide.

 

ARTICLE XVI — IMPLEMENTATION

These Bylaws shall become effective upon the execution of an agreement between CTA and NEA.

During the implementation period, the period from the effective date of adoption of these Bylaws until February 1, 1978, the following positions shall constitute the Board of Directors:

The President, who shall be the NEA Affiliate Vice President of UTLA;

The Vice President, who shall be the NEA Affiliate Vice President of UTLA;

The twenty-four (24) NEA/UTLA area directors:

Those officers of UTLA whose declared affiliation at the time of their election is NEA;

Eight (8) directors elected by members of the CTA-LA.

The Secretary/Treasurer shall be elected by and from the above listed directors.

Requirements for two-year terms on the Representative Assembly shall be waived until February 1, 1978. The interim Representative Assembly shall be composed of the members of the Board of Directors of UTLA/NEA; and the elected delegates and alternates to the NEA Representative Assembly from UTLA/NEA elected by CTA-LA and UTLA in the spring 1976, for a one-year term, and as elected in the spring 1977, by and from UTLA/NEA.

The attached Articles of Incorporation and Bylaws of the United Teachers Los Angeles/NEA have been agreed upon this 20th day of April, 1976.

Stephen Edwards, Jr.

For California Teachers Association

James T. Butler

For National Education Association

Frank Kirby

For Classroom Teachers Association/Los Angeles

Hank Springer

For United Teachers Los Angeles

CTA Palm Springs

April 20, 1976

 

APPENDIX SEVEN - UTLA/NEA CONSTITUTION AND BYLAWS NOTICE

In that there are sections of the UTLA/NEA Constitution and Bylaws that are inconsistent with or are in opposition to the Constitution and Bylaws of the United Teachers Los Angeles, it is agreed that the NEA members of the UTLA Board of Directors who will become members of the Board of Directors of UTLA/NEA shall amend the UTLA/NEA Constitution and Bylaws wherever necessary in order to guarantee that the UTLA/NEA Constitution and Bylaws will be consistent with and subordinate to the Constitution and Bylaws of the United Teachers of Los Angeles.

expand APPENDIX SEVEN »

It is agreed that the adoption of this document by the NEA members of the UTLA Board of Directors shall serve as a statement of intent and commitment that they will take expeditious action in compliance with this Agreement as soon as they are seated as the Board of Directors of UTLA/NEA.

 

APPENDIX EIGHT - BYLAWS UTLA LOCAL 1021

PREAMBLE

We the certificated teachers of the Los Angeles Unified School District, being members of United Teachers Los Angeles (UTLA) affiliated with the American Federation of Teachers, California Federation of Teachers, and the AFL-CIO, reaffirm our commitment to the goals and objectives of UTLA as set forth in the Bylaws and Constitution of United Teachers Los Angeles.

expand APPENDIX EIGHT »

ARTICLE 1 - AFFILIATIONS AND NAME

Section 1. The name of this affiliate grouping within UTLA shall be UTLA Local 1021.

Section 2. UTLA Local 1021 shall be chartered by the American Federation of Teachers and shall be directly affiliated with the California Federation of Teachers, the Los Angeles County Federation of Labor, AFL-CIO, the California Labor Federation, AFL-CIO and the AFL-CIO Committee on Political Education.

Section 3. Delegates. UTLA Local 1021 shall send delegates to the meetings and conventions of the organizations with which it is affiliated.

 

ARTICLE II MEMBERSHIP

Section 1. Classes of Membership. The classes of membership of UTLA Local 1021 shall be the same as those classes of membership specified in the Constitution and Bylaws of UTLA.

Section 2. Rights of Members. Members shall have the rights, privileges, and responsibilities as set forth in the Constitution and Bylaws of UTLA.

Section 3. Qualifications For Membership. Any member of UTLA affiliated with the American Federation of Teachers, California Federation of Teachers, AFL-CIO, shall be, by virtue of such membership, a member of UTLA Local 1021.

Section 4. Dues. Dues for membership of UTLA Local 1021 shall be identical to the dues of all members of UTLA regardless of affiliation.

Section 5. Duties of Members. Each member shall actively support and promote the stated purposes of UTLA and shall support and act in accordance with the Constitution and Bylaws of UTLA.

 

ARTICLE III — OFFICERS

Section 1. President. The executive officer of UTLA Local 1021 shall be a President. The President of UTLA Local 1021 shall be the American Federation of Teachers Affiliate Vice President of UTLA elected in the UTLA general election.

Section 2. Vice President. The UTLA Local 1021 Executive Board shall elect a Vice President at the first regularly scheduled meeting of the Executive Board following the general UTLA elections.

Section 3. Qualifications and Terms. The President of UTLA shall meet the qualifications specified in the Constitution and Bylaws of UTLA: The term of office shall be that specified in the UTLA Constitution and Bylaws.

Section 4. Elections. The President of UTLA Local 1021 shall be elected by the membership of UTLA Local 1021 in a secret ballot election in the general UTLA election. In the event of the death, resignation, removal, or incapacitation of the President of UTLA Local 1021, an acting President shall be appointed by the Executive Board of UTLA Local 1021. The acting President shall serve until the election of a new President. This special election shall be held within 60 days of the vacancy occurring and shall be conducted in accordance with the UTLA Constitution and Bylaws.

Section 5. Powers and Duties. The President of UTLA Local 1021 shall represent UTLA Local 1021 in affiliate matters subject to the direction and instruction of the Executive Board of UTLA Local 1021. The President of UTLA Local 1021 shall be directly involved in all negotiations with the American Federation of Teachers/California Federation of Teachers/AFL-CIO in all matters. All official policy for UTLA Local 1021 shall be established in accordance with the UTLA Constitution and Bylaws.

Section 6. Compensation. The President of UTLA Local 1021 (UTLA Affiliate AFT Vice-President) shall be funded and placed on release time by UTLA.

(a) The total compensation package of the UTLA Local 1021 President (UTLA/AFT Vice-President) shall be established by the UTLA governance and shall include but not be limited to all of the following:

1) Office Space

2) Secretarial Assistance

3) Automobile, Mileage Reimbursement, and Automobile Maintenance.

4) UTLA credit cards for telephone, travel, and all other expenses.

(b) The President of UTLA Local 1021 shall be the ranking delegate to all conventions of UTLA Local 1021 affiliates.

 

ARTICLE IV — EXECUTIVE BOARD

Section 1. Composition. The UTLA Local 1021 Executive Board shall consist of the following categories:

Voting Members:

1) Area Directors of UTLA elected to represent the American Federation of Teachers on the UTLA Board of Directors.

2) Any officer of UTLA who is an active member of UTLA Local 1021 and has declared the American Federation of Teachers as her/his affiliation on the ballot for election purposes.

3) Ex-officio members appointed by the UTLA 1021 Executive Board.

Section 2. Powers and duties. The Executive Board of UTLA Local 1021 shall:

(a) appoint an acting president in the event of a vacancy in the office of President of UTLA Local 1021.

(b) elect a member of the executive board to preside over all meetings where/when the President cannot be in attendance.

(c) elect an executive board member to act as secretary whose duties shall be defined by the executive board.

(d) appoint ex-officio members to the UTLA Local 1021 Executive Board.

(e) all powers and responsibilities specified or implied in section 3 and 4 of this article.

Section 3. Standing Rules. The Executive Board shall follow Robert's Rules Revised Edition at all meetings subject to change by a vote of the executive board.

Section 4. Meetings. The UTLA Local 1021 Executive Board shall meet only to deal with affiliate business.

(a) The election of delegates to AFT/CFT conventions.

(b) The election of delegates to the Los Angeles County Federation of Labor.

(c) The election of delegates to any other affiliate organizations.

(d) Shall meet to fill representational vacancies in affiliate organizations.

(e) To set agenda for general membership meetings to elect delegates to affiliate organization conventions.

(f) Special meetings of UTLA Local 1021 Executive Board to deal with unforeseen affiliate problems may be called at the request of four (4) voting members of said Board.

(g) The conduct of all elections shall be in conformance with state and federal law.

Section 5. Notice of Meetings.

(a) Notice of all meetings other than special meetings shall be in conformance with state and federal law.

(b) Notices of special meetings shall be given at least five days prior to the meeting.

Section 6. Term of Office and Vacancies.

(a) Term of Office - Members of the UTLA Local 1021 Executive Board terms of office shall be concurrent with the term of office for officers and directors of UTLA as provided in the Constitution and Bylaws of UTLA.

(b) Vacancies - Vacancies for UTLA Executive Board members other than the President shall be filled in accordance with the Constitution and Bylaws of UTLA.

 

ARTICLE V - MEMBERSHIP MEETINGS

Membership meetings of UTLA Local 1021 shall be called to elect delegates to AFT/CFT conventions. Notices of meetings and agendas shall be sent in accordance with the Landrum-Griffin Act.

 

ARTICLE VI - ELECTIONS

All elections shall be conducted in accordance with the Constitution and Bylaws of UTLA and appropriate state and federal law.

 

ARTICLE VII - INITIATIVE, REFERENDUM, AND RECALL

All initiatives, referendums, and recalls shall be conducted in accordance with the Constitution and Bylaws of UTLA.

 

ARTICLE VII — AMENDMENTS

Section 1. Proposals. Amendments to these Bylaws may be proposed by an affiliate vote of a majority of the Executive Board of UTLA Local 1021 or by a petition of 10% of the members of UTLA Local 1021.

Section 2. Adoption. All proposed amendments will be adopted by an affirmative vote of two-thirds (2/3) of the members of UTLA Local 1021, voting in a mailed secret ballot election.

 

ARTICLE IX - IMPLEMENTATION

Section 1. These Bylaws shall become effective upon approval by UTLA.

Section 2. The implementation period shall be from the effective date of adoption of the Bylaws until February 1, 1978.

Section 3. The following positions shall constitute the Executive Board of UTLA Local 1021 during the implementation period:

(a) The President shall be the highest ranking officer in UTLA of AFT/CFT declared affiliation.

(b) The Vice President shall be the UTLA AFT/CFT Affiliate Vice President.

(c) The eight (8) UTLA AFT/CFT area directors.

(d) Those officers of UTLA whose declared affiliation at the time of their election was AFT/CFT.

(e) Those members of the UTLA Board of Directors who declared AFT/CFT affiliation at the time of their election.

(f) The secretary shall be the Executive Board Member selected by and from the above listed directors.

Section 4. Article III Section 5. Sub (a) and (b) shall become effective September 1, 1976.

 

APPENDIX NINE - PERMANENT CONTINUATION BETWEEN UTLA & AFT/CFT & CTA/NEA

MAY 13, 1976

AGREEMENT FOR PERMANENT CONTINUATION 0F UNITED TEACHERS — LOS ANGELES BETWEEN UTLA, AFT, CFT, UTLA LOCAL 1021, and UTLA/NEA.

expand APPENDIX NINE »

PROVISIONS OF THIS AGREEMENT SHALL BE MAINTAINED UNLESS THERE IS MUTUAL AGREEMENT OF ALL PARTIES ON FUTURE CHANGES.

1. Assurance shall be given by all parties that no organizational rivalries shall take place between the AFT & NEA affiliates in Los Angeles.

2. Changes in the UTLA/NEA and/or UTLA Local 1021 governance structures shall be made only with prior consultation and agreement by UTLA through its governance structure.

3. UTLA/NEA and AFT Local 1021 shall confine their policy decisions to affiliation business such as election of delegates and representatives to affiliate conventions and meetings, directions to delegates to conventions, affiliation financial arrangements, and the maintenance of communications and relationships with CTA/NEA on the part of UTLA/NEA and CFT/AFT/AFL-CIO on the part of AFT Local 1021.

4. UTLA/NEA and UTLA Local 1021 shall be affiliates of UTLA and shall be bound by all provisions of the UTLA Constitution which shall be the supreme governing instrument of both UTLA/NEA and UTLA Local 1021.

5. UTLA shall maintain common and identical dues for all members regardless of their affiliation with either UTLA/NEA (NEA/CTA) or UTLA Local 1021 (CFT/AFT, AFL-CIO).

6. UTLA shall employ and control all staff, salaries, and direction through UTLA policy bodies (UTLA Board of Directors, UTLA House of Representatives, UTLA membership votes).

7. The UTLA governance structure shall control all matters of UTLA policy including elections, policies, directions to staff and officers, finances, political actions, and all other matters generally controlled by the governing bodies of any organizational entity.

In order to provide for the above agreement, the following shall occur:

1. Dues submitted to NEA and AFT shall be identical for each UTLA member and rebates or other arrangements shall be made through the affiliate group (UTLA/NEA and UTLA Local 1021).

2. Dues submitted to CFT and CTA shall be identical for each UTLA member and rebates or other arrangements shall be made through the affiliated groups (UTLA/NEA and UTLA Local 1021).

3. UTLA shall maintain budgetary control of all dues and may, through its governance bodies, remit sums of money for UTLA/NEA and UTLA Local 1021. Such dues shall be identical and based on per capita membership by affiliation.

4. The UTLA Board of Directors and the UTLA House of Representatives and UTLA membership shall maintain control of the direction of all staff members and all employment agreements though it is agreed that some staff members may be funded by one or another of the state and national affiliates.

In all instances where staff employment is involved with funding by any state or national affiliates, parity funding on a per capita basis shall be maintained by the counterpart affiliate.

All such arrangements shall finally be approved by the UTLA governance structures.

5. The UTLA constitution shall be amended to provide that the presiding officers of UTLA/NEA and UTLA Local 1021 shall be elected by their affiliate members in a secret ballot election. This change and those elections shall take place at a time determined by the UTLA governing bodies but, in any case, no later than the next scheduled UTLA election.

6. UTLA shall maintain all membership records, lists, mailing lists, financial records, affiliation membership records, records and lists of building representatives, committees, governance bodies and all other organizational material.

All of these materials shall be available to either/or UTLA/NEA or UTLA Local 1021 by action and approval of the UTLA governance structure and by no other means.

7. UTLA Local 1021 and UTLA/NEA may present materials, documents and publications to their respective affiliated members in Los Angeles, only with the prior approval of the UTLA in accordance with its governance structure.

8. UTLA officers and spokespersons shall be the only spokespersons for UTLA, UTLA/NEA and UTLA Local 1021.

In the case of relationships with the NEA/CTA and AFT/CFT, AFL-CIO, UTLA/NEA and UTLA, Local 1021 shall be represented in all matters by their respective presiding officers or their designees.

9. The UTLA Constitution shall be amended to include a provision barring any action or election to create an exclusive affiliation with either AFT or NEA, unless such action or election is voted on by the entire UTLA membership requiring a 3/4 majority of the total membership for adoption.

10. The UTLA Constitution shall be amended to include a provision that in the event of an action or election for an exclusive affiliation with either AFT or NEA, an impartial third party, such as the American Arbitration Association, shall conduct the election and shall provide for a fair and impartial distribution of all election materials to UTLA members. No materials will be distributed by UTLA other than those approved by the impartial third party.

11. UTLA/NEA and UTLA Local 1021 shall not implement their respective governance structures until both groups have adopted bylaws or constitutions or rules of procedure.

This shall be accomplished with the 1976-77 school year.

12. All sections of this Agreement shall be implemented no later than the end of the 1976-77 school year.

13. Should any party to this Agreement disagree as to the interpretation or application of any provision of this Agreement, any party may submit the issue or issues to arbitration. The arbitration shall be conducted in accordance with the Commercia1 Arbitration Rules of the American Arbitration Association or by the selection of an arbitrator by mutual agreement of the parties. Notice of demand for arbitration shall be served by the demanding party on each other party. The demand shall be in writing. In the event the arbitrator finds a violation of the Agreement, then the arbitrator shall have the authority to award any appropriate relief including money damages. The decision of the arbitrator shall be final and binding.

14. The UTLA/NEA Articles of Incorporation and Bylaws shall be amended to provide that UTLA/NEA shall be affiliated with UTLA and each member of UTLA/NEA shall be a member of UTLA.

This Agreement is entered into this 21st day of April, 1976.