Middle Level Council Constitution of the New Brunswick Teachers' Association (June, 2008)

1) Membership 1. Active Member: : Refers to a teacher as defined by the New Brunswick Teachers' Association's Act of Incorporation, specifically, "a person who, while holding a license or permit to teach issued by the Minister of Education for the Province of New Brunswick, is employed by written contract, either full-time or part-time, by any school in New Brunswick under the jurisdiction of the Department of Education, and includes a principal, the President of the NBTA and the AEFNB who has paid the necessary fees to be a member of the Middle Level Council. 2. Associate Member: Refers to all professional and para-professional personnel who are not active members of the New Brunswick Teachers' Association, specifically: i) representatives of the Department of Education; ii) supply teachers registered with a school district; iii) teachers in private schools, with valid teaching licenses; iv) teachers on recognized leaves of absences at established educational institutions; v) teachers employed in full or part-time service in any educational institution; 3. Honorary Member: i) Honorary membership for one year shall be conferred on all teachers retiring on pension. Such membership may be renewed from year to year at the request of the member at a fee determined by policy; ii) Honorary membership shall be conferred, upon application, on student teachers in their final year of study in any teacher training program in the Province of New Brunswick. 2) Membership Rights a. All persons who are members within clause (a) of section 1 of this By-Law shall enjoy full and equal membership; b. All persons who are members within clauses (b) and (c) of this By-Law shall enjoy full membership rights except the right to vote or hold office. 3) Elections and Terms of Office a. Executive i) The Executive Committee shall consist of up to 13 members; ii) Any active member of the Middle Level Council may seek nomination to the Executive Committee; iii) Members may be nominated by the Nominating Committee or by motion from the floor at the Annual General Meeting; iv) Members shall be elected by majority vote. b. Officers i) The Officers shall be elected from the members of the Executive; ii) The President shall require 50% plus one of the votes cast in a secret ballot format; iii) All other positions may be filled by a show-of-hands plurality vote; c. Nominating Committee i) The Nominating Committee is a Standing Committee of the Middle Level Council's Executive; ii) The Nominating Committee shall be composed of three persons from the Executive, iii) The Nominating Committee will nominate members for election to the Executive and shall make every effort to ensure regional representation. d. Voting Procedures i) All active members of the Council may vote at an Annual Meeting; ii) All members of the Executive are eligible to vote for the Officers. iii) All elections shall be determined by a show of hands vote except where a secret ballot vote is specifically called for in By-Law. e. Terms of Office i) Executive members shall be elected for a two-year term; ii) Executive members may hold position on the Executive for no more than two consecutive terms; iii) At least one-quarter of the Executive shall be replaced each year; iv) Executive Committee Officers shall be elected for a two year term; v) Officers may hold the same office for no more than two consecutive years. vi) The position of Treasurer requires certain skills and experience. Often after two years the Treasurer is just beginning to gain the needed expertise. Because of this the position of Treasurer may be held by that person for up to six years. (3 two-year terms). The total number of years that a person may serve on the Executive is six years. The exception to this is the President that may serve an additional two years as Past President. 4) Quorums a. AGM -- A Quorum shall consist of fifty percent (50%) of the Executive members and any other active members in attendance. b. Executive -- A Quorum shall consist of two-thirds (2/3) of the members of the Executive. c. Officers -- A Quorum shall consist of two-thirds (2/3) of the members of the Officers. 5) Resolutions and Motions a. Resolutions can be brought forward to the Executive by any active member of the Council. b. Resolutions must be received in writing by the Executive at least eight weeks prior to the Annual General Meeting. c. Motions arising from the business of any annual general meeting may be presented from the floor with the consent of at least two-thirds (2/3) of the members present. 6) Filling of Vacancies a. Upon resignation of any Officer before completion of term, the Executive shall elect a new Officer from among the members of the Executive. b. Upon resignation of any Executive member before completion of term, the Executive shall fill the position by motion from among the active members of the Council. c. In case of death, disqualification or permanent disability of members of the Executive and/or Executive, the vacancies shall be filled as described in (a) and (b) of section 6 of the By-Laws. 7) Duties of Executive Members a. The President shall preside over all meetings of the Council, the Executive, and the Executive. The President shall appoint all committees and call meetings of the Executive and the Executive. The President shall perform all duties pertaining to the office and shall be an ex-officio member of all committees except the Nominating Committee. b. In the absence of the President of the Council, the Vice-President shall assume the duties of the President. In the case of vacancy in the office of the President, the Vice-President shall become Acting President until the next Annual General Meeting. c. The Secretary shall record and distribute minutes of all general, Executive and Officer's meetings. d. The Treasurer shall maintain an accurate financial statement of the Council's revenues and expenditures; co-sign all cheques, sign all membership cards, and be responsible for all membership files. e. The Past-President shall serve in an advisory capacity to the President, act as parliamentarian at meetings and serve on committees as designated by the President. f. The Chairperson of the Professional Development Committee shall be responsible for organizing the professional development activities of the Council. g. The Vice-Chairperson of the Professional Development Committee shall maintain a roster of proposed long-term professional development objectives and speakers. In the case of vacancy in the office of the Chairperson of the Professional Development Committee, the Vice-Chairperson shall become Acting Chairperson. 8) Expenses Any member traveling on business duly authorized by the President or the Executive shall be paid expenses according to the NBTA Policy. 9) Meetings a. Meetings shall be held by the Executive on the following basis: 1. The Annual General Meeting (AGM) of the Council shall be held with the place, date and format of the meeting to be determined by the Executive. 2. Executive meetings shall be called by the President and held at least two times per year. 3. Officers' meetings shall be called by the President and held at least two times per year. b. Reports from Executive Meetings shall include: reports from the President, Treasurer, Chairpersons of Standing Committees as appropriate and any ad hoc committee deemed necessary by the Executive. c. Conduct of Meetings shall be consistent with commonly accepted rules of order.