Constitution of the Foothill-De Anza
Association of Classified Employees
Article 1 – Name, Purpose and Objectives
Foothill-De Anza Association of Classified Employees (ACE) is the name of this employee organization.
The purpose of ACE is to represent its members who are classified employees in Unit 1 employed by Foothill-De Anza Community College District (District) pursuant to the Educational Employment Relations Act, commencing with Section 3540 of the Government Code (EERA).
1.3 Objectives of ACE
The objectives of ACE shall be to improve the wages, work hours and working conditions of its members, to promote active participation of its members in the decision-making processes of ACE and District; to promote the economic, intellectual and social welfare of its members; and to represent them in all disputes with their employer.
1.4 Objective of the Constitution
The objective of this Constitution is to provide rules of acceptable self-government, not in conflict with any higher authority.
Article 2 – Incorporation
ACE is incorporated as a not-for-profit corporation pursuant to the laws of the State of California.
Article 3 – Membership and Membership Dues
When an employee of the District is employed in a position exclusively represented by ACE, pursuant to EERA, that employee is eligible to become a member.
3.2 Becoming a Member
The eligible employee shall complete an ACE payroll deduction authorization form to have his or her ACE membership dues deducted from his or her pay by the District.
a. Membership Starts
ACE membership starts upon the first payroll deduction of ACE membership dues. Except and unless expressly required by law, the membership of that new member does not entitle him or her to ACE representation on any matter occurring prior to his or her ACE membership.
3.3 Maintenance of Membership
A member shall remain an ACE member and pay his or her ACE membership dues pursuant to EERA as long as the collective bargaining agreement (agreement) between ACE and the District is effective, and for as long as he or she remains a member of the bargaining unit, unless he or she has timely exercised his or her right to be a fair-share service fee payer.
3.4 ACE Membership Dues
a. Dues Rate
ACE membership dues are 0.95 % of the member’s base pay.
b. Dues Payments
ACE membership dues are paid in advance by District payroll deduction in consecutive equal payments, one each pay period during the member’s regular annual District work schedule each fiscal year.
c. ACE Fiscal Year
The fiscal year of ACE is July 1 through the following June 30.
d. Required Continuing Payroll Deduction
Except as expressly otherwise provided by this constitution, a member paying his or her ACE membership dues by District payroll deduction shall, as long as he or she continues to pay his or her ACE membership dues by that payroll deduction process, be considered a member in good standing in ACE.
e. Payroll Deduction Delay
When the processing of a payroll deduction authorization form is delayed past the cutoff date for the pay period in which ACE membership dues deduction should have started, the remaining ACE membership dues payments and amount of those payments shall be adjusted for that fiscal year. This will ensure full payment of ACE membership dues for each member during the first year of membership.
f. Service Fee-Payer Becoming a Member
Notwithstanding any other provision of this constitution, when a non-member (fair-share service fee-payer) who pays a fair-share fee (fee) to ACE during a fiscal year and then becomes an ACE member during the same fiscal year, he or she shall, for the remainder of that fiscal year, pay ACE membership dues in full.
g. Member Becoming a Service Fee-Payer
Notwithstanding any other provision of this constitution, if a member of ACE becomes a fee-payer during a fiscal year, he or she shall pay a fair-share fee to ACE when the membership status changes and thereafter, as long as the employee remains a fee-payer.
h. EERA Organizational Security
Notwithstanding any other provision of this constitution, each member shall comply with EERA and express terms of the agreement regarding organizational security and the payment of ACE membership dues and/or service fees.
i. Adjusting Annual ACE Membership Dues
The annual amount of ACE membership dues shall only be adjusted by a vote of the General Membership of ACE, with each member having one vote. A majority of the members voting shall determine the outcome of the vote. Through the election process described in Article 10, the vote shall be taken by secret ballot at a regular or special General Membership meeting. Pursuant to this constitution, members must receive proper advance notice as described in Article 4.1e.
Article 4 – Organization: Meetings and Locations
4.1 General Membership and Site Meetings
a. Regular Meetings
ACE shall conduct a General Membership meeting at least once a year on a date and at a location and time determined in advance by the Executive Board of ACE. The meetings shall alternate between the two locations, one being at the Foothill-Central Services location and the next being at the De Anza location. Meetings cannot be held on Mondays, Fridays, the first week of a quarter or during breaks.
b. Site Meetings
Site meetings shall be held each month at each location and facilitated by the VP at that location. The VPs shall inform the membership of any new business and collect any new information or suggestions from the members to report back to the Board at the next Executive Board meeting.
c. Special Meetings Called by the Executive Board
Nothing herein shall be deemed to prohibit the Executive Board from calling a special meeting of the General Membership to discuss and take action on matters of an urgent nature requiring immediate attention. Such meetings shall be held on a date and at a location and time determined in advance by the Executive Board of ACE, and are subject to meeting notice described in 4.1e.
d. Special Meetings Called by Membership
When there is a written request for a General Membership meeting by ten percent (10%) of the membership in good standing, the ACE President must call a membership meeting within ten (10) working days after receipt of such a request. The membership must be notified in writing five (5) working days prior to the meeting with time, place, date and purpose of the meeting.
e. Meeting Notice
Notice of General Membership and Site meetings will be delivered to members by e-mail, voicemail or other appropriate means, not fewer than five (5) calendar days before the meeting. A calendar showing the schedule of more than one meeting delivered to the members on an annual or semi-annual basis is sufficient for such notice requirement.
1) Notice of Vote
When the General Membership of ACE is asked or required to vote on a matter to be discussed at a General Membership meeting, the meeting notice for that meeting shall include, in clear and concise language, a description of the matter to be voted on, the cost of implementation if any, the person(s) responsible to pay that cost and time frame when payment will be due. Elections and voting for ACE Executive Board positions are subject to election procedures described in Article 10.
4.2 Executive Board Meetings
The Executive Board shall meet at least monthly on dates, locations and times it determines. Notice of such meetings shall be delivered to the membership within a reasonable period of time in advance of the meeting being called to order. If a majority of the members of the Executive Board submit a written request for a special meeting, a special meeting of the Executive Board shall be convened within five (5) working days of the written request, or the time specified in the written request. The Board may hold a closed session with the stewards to discuss confidential information prior to regular Board meetings. Only personnel issues are considered confidential information.
4.3 Chief Steward Meetings with Stewards
The Chief Steward and Stewards shall meet together on an as-needed basis, on dates, locations and times determined by the Chief Steward. These meetings can also include the Chair of Negotiations and the President.
4.4 Meeting Quorum
For purposes of calling a meeting to order and to take any official action the following quorum shall be established:
a. General Membership Meeting
Ten percent (10%) of the General Membership in good standing shall be present at the meeting when it is called to order and when official action is taken. In the event that there is no quorum at the General Membership meeting, the business scheduled for that meeting may be decided by the Executive Board, with input from the members who attended the meeting.
b. Executive Board Meeting Attendance
A majority of Executive Board members, excluding vacancies, shall be present when the meeting is called to order and when official action is taken.
c. Steward and Site Meeting
These meetings do not require a call to order, and no official action can be taken at such meetings, so a quorum is not required.
4.5 Robert’s Rules of Order
For General Membership meetings and Executive Board meetings, Robert’s Rules of Order, latest revision, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution, and with the official policies and procedures of ACE.
4.6 Attendance at Meetings
Members are encouraged to attend all General Membership and Site meetings, and if possible, Executive Board meetings. The Executive Board Members and the Chief Stewards are required to attend all General Membership and Site meetings in their respective jurisdictions and meetings of the Executive Board unless the absence is excused by the President or a majority of the Board.
Immediately upon the second unexcused absence of an Executive Board Member or Chief Steward during a term, that position may automatically and immediately be vacated without any hearing or notice required. Stewards are required to attend all meetings called by the Chief Steward unless the absence is excused by official action of the Chief Steward.
Article 5 – Organization: Executive Board
5.1 The Executive Board
The Executive Board consists of President, Treasurer, three (3) Vice Presidents, four (4) Board Members, three (3) Chief Stewards and the Chair of the Negotiating Team, all of whom are nominated from and elected by the General Membership. The General Membership elects all of the negotiators. Once the team of negotiators is formed, the group itself decides who will be the Chairperson. If a majority of the Executive Board approves, the Past President can be asked to serve in an advisory capacity to the Board for a period of one (1) year. The Executive Board is charged by the membership to attend in good faith to the business of ACE and is empowered by the membership to represent their best interests in all the Board actions and activities. All Executive Board Members, Negotiators, and Stewards must be members in good standing.
5.2 Officers and Executive Board Members
The officers are a President, three (3) Vice Presidents (De Anza campus, Foothill campus and Central Services, representative of each location), and a Treasurer. The four (4) Board Members at Large shall consist of one (1) member from Foothill, two (2) members from De Anza, and one (1) from Central Services. In addition, 3 Chief Stewards (De Anza campus, Foothill campus and Central Services, representative of each location), shall serve on the Executive Board. The positions listed above combined comprise the entire Executive Board with a total of thirteen (13) voting members. A Recorder shall be appointed by the Executive Board and is present at each meeting, but is not a voting member of the Executive Board.
A. Responsibilities of Executive Board Members
The Executive Board Member is directly responsible for:
1) The operation of ACE.
2) Assuring appropriate expenditure of funds.
3) Proper and legal administration and implementation of the constitution.
4) Any representation of ACE that has been authorized by the Board in order to bind ACE or agree to any issues subject to collective bargaining and EERA.
Serving as an Executive Board Member requires subordination of personal interests to those that represent the highest good of the members. Board Members shall have no greater rights than any other member of ACE.
1) The President shall preside over all meetings of ACE.
2) The President shall report at General Membership and Executive Board meetings regarding the progress and standing of ACE and the official actions he or she has taken between regular meetings of the Executive Board.
3) The President, in conjunction with the Executive Board, shall appoint members for all standing and ad hoc committees.
4) The President shall have authority to represent ACE with such action affecting policies, aims and means of accomplishing ACE’s purpose, subject to approval of the Executive Board.
5) The President shall serve on the Chancellor’s Advisory and District Budget committees, Benefits committee meetings, any joint labor-management committees, and attend the FHDA Board of Trustee meetings.
6) The President shall serve as an ex-officio member of all committees, including the Negotiations Team.
7) The President shall, in conjunction with the Treasurer, disperse monies drawn against ACE funds, after expenditures are approved by the ACE board.
8) In the absence of the President or if the President is unable to serve, one of the ACE Board members appointed by the Board shall perform all duties of the President.
9) Upon resignation of the President, one of the ACE Board members appointed by the Board shall become the President.
C. Duties of the Treasurer
The Treasurer shall present the Executive Board’s recommended annual budget at the General Membership meeting immediately following the Board’s creation of the budget for approval by the members. The Recorder shall post the budget on the ACE website. Members can bring concerns regarding the budget at any time to the Board at the next Board meeting.
1) The Treasurer shall receive ACE money and deposit all money so received in the name of ACE to a financial institution selected by the Executive Board.
2) Money so deposited shall be withdrawn only by authorization or direction of the President and Treasurer after such expenditures are approved by the Board.
3) The Treasurer shall disburse ACE funds for such purposes as required by this constitution or authorized by the membership or the Board.
4) The Treasurer shall keep and accurately record receipts and disbursements.
5) The Treasurer shall also submit to the Executive Board a monthly operating statement that contains records of ACE’s financial transactions since the previous report.
6) The Treasurer shall further arrange an annual audit of ACE finances as approved by the Executive Board, and shall report to the Board the results of such annual audit at the first Board meeting after the audit is made.
7) The Treasurer shall adhere to legal reporting requirements and arrange preparation and filing of all required federal and state tax reporting forms.
8) The Treasurer shall present to the Executive Board a budget for the next year after closing of the fiscal year.
1) Upon approval of the Board, the Vice Presidents may be authorized to approve expenditures withdrawn on ACE funds in place of either the President or Treasurer, and shall perform such other duties as assigned by the President or the Executive Board.
2) The Vice Presidents shall serve on the College Council, PARC, College Budget committees and other District committees as assigned.
3) The Vice Presidents shall hold and facilitate site meetings each month at their respective sites.
4) The Vice Presidents shall assign ACE representatives to hiring committees for classified workers in Unit 1 for their respective areas.
E. General Duties of the Board Members at Large
There are four (4) Board Members at Large nominated from and elected by the General Membership. The Board Members at Large shall:
1) Ensure that the interests and directives of the General Membership are represented at Board meetings.
2) Serve on two (2) College or District Committees pertinent to ACE business and report back to the Board.
3) Attend the Classified Senate meeting at each location. At least one Board Member from each site should attend, but two (2) members should not serve on the same Senate.
F. Duties of the Recorder
The Recorder is appointed or hired by the ACE Executive Board, and shall act as the official record keeper of all ACE proceedings and meetings. The ACE board may allow a regular ACE member release time to accomplish the duties of the Recorder or hire from an outside agency. If the ACE Board discovers a more efficient way of accomplishing the needs of ACE, they may take action to do so. Since the Recorder duties include coordinating elections, this is not an elected position, and the ACE board can fill this position however they see fit.
1) The Recorder shall carry out the official correspondence of ACE as directed by the President or Executive Board.
2) Make available a draft copy of the meeting minutes within seven (7) working days following an Executive Board meeting and make corrections as directed by the President and the attorney. The final draft of minutes shall be distributed to the Executive Board at least five (5) working days prior to the next Executive Board meeting. After approval of the minutes by the Board,, the recorder shall post them on the ACE Web site.
3) Shall notify the General Membership of Executive Board meeting(s).
4) Shall conduct preliminary election duties as described in Article 10.
5) Shall regularly request updated lists of Unit 1 members from Human Resources, which shall include contact information in order to ensure that those who vote at all meetings are members in good standing.
6) Shall maintain custody of official ACE records placed in such custody by the President, Executive Board or this Constitution, including financial records and any official signed document between ACE and the District or any other entity.
Serving as a Recorder requires subordination of personal interests to those that represent the highest good of the members. The Recorder shall have no greater rights than any other member of ACE.
Chief Stewards from each location are elected to office as part of the Executive Board as described in Article 10. Up to six (6) additional stewards are appointed by the Executive Board. Stewards serve until they resign their position or are removed by action of the Executive Board and/or the Chief Steward. Stewards are members in good standing.
1) Chair the Stewards Council and report activities of Stewards to the Executive Board in closed session.
2) Be responsible for recruiting stewards and presenting candidates to the Executive Board for approval.
b. Duties of the Chief Stewards and Steward(s)
1) Represent their respective jurisdiction in all membership meetings in the absence of the members.
2) Be the first line of contact with administrative or supervisory staff subject to this Constitution.
3) Be responsible for the enforcement of all applicable collective bargaining agreements in their respective jurisdictions.
4) Be responsible for holding management accountable for all applicable safety and occupational health laws, rules and regulations, and are responsible for notifying appropriate administrative or supervisory staff of unsafe working conditions.
5) Shall have copies of the Constitution and all necessary working agreements available at all times.
Stewardship requires subordination of personal interests to those interests that represent the highest good of the members. Stewards shall have no greater rights than any other member of the ACE.
5.4 Executive Board Terms of Office
a. Executive Officers, Board Members and Chief Stewards
The term of the President, Vice Presidents, Board Members and Stewards is twenty-four (24) consecutive calendar months commencing on January 1 immediately following their election, and ending twenty-four (24) months later.
1) Additional Terms
An officer or Board Member may be nominated for election to additional terms if otherwise eligible, pursuant to this Constitution. The Chief Steward(s) may be elected for additional terms as long as they remain eligible to serve. A person may only serve in one position (Executive Board, Chief Steward or Steward, negotiator inclusively) at any time.
5.5 Replacement of Executive Board Members
If a position on the Board becomes vacant, the Executive Board will appoint a replacement from the area to be represented. This appointment shall be announced at the next Site Meeting.
5.6 Negotiating Team
The Negotiating Team shall consist of six (6) members and the President of the Executive Board, who have been nominated from and elected by the General Membership from each area, and any labor consultant(s) currently under contract with ACE whose services include assisting with negotiations. Negotiators shall have no greater rights than any other member of ACE.
a. The structure of the Negotiating Team shall be subject to the collective bargaining agreement. The Negotiating Team shall consist of at least one member from each location, meaning one (1) member from Foothill, one (1) member from De Anza, and one (1) from Central Services. The remaining three positions may be fulfilled by members elected from any of the three locations.
b. The Executive Board will designate sites within the ACE structure from which representatives shall be chosen in accordance with Section 5.6a above.
c. The President shall serve as a member of the Negotiating Team. However, in an effort to allow for a broader share of authority within the Unit, the President shall not be considered eligible to be elected as the Negotiations Chair.
d. Negotiating Team members must attend all of the planning and negotiating meetings, unless the absence is excused by the Chair of the team or the majority of the team. Immediately upon the second unexcused absence they may be removed from the team.
e. The Chair of Negotiations must serve on the District Benefits Committee pertinent to negotiations.
f. The negotiators choose a Negotiations Chair by secret ballot after a new team is elected.
Serving as a Negotiating Team Member requires subordination of personal interests to those that represent the highest good of the members. Negotiators shall have no greater rights than any other member of ACE.
5.7 Replacement of Negotiating Team Members
If a position on the Negotiating Team becomes vacant, the Executive Board will appoint a replacement from the area to be represented. This appointment shall be announced at the next Site Meeting.
5.8 Term for Negotiators
Members of the Negotiating Team shall serve until the next contract is ratified by the membership. Next election of negotiators shall commence within 30 days of ratification and Foothill-De Anza Community College District Board of Trustees approval in accordance with Article 10.
Article 6 – Standing and Special Committees
6.1 Chairpersons of Standing Committees shall be appointed by the Executive Board. Committee members may be nominated appointed or may be volunteers. The following committees, and other committees created at a future time, may be formed and appointed by the Executive Board:
a. Technology Support Committee
The Technology Support Committee shall be responsible for keeping communication lines open between ACE and its members. The committee maintains communication resources, such as Web pages, listservs, telephone groups and any other technology used in communicating with the membership and maintaining the business of ACE.
b. Constitution Committee
The Constitution Committee of ACE shall be convened as necessary to review the Constitution and shall draw up and report proposed amendments to the Executive Board and General Membership.
c. Election Committee
The Election Committee is responsible for the efficient and democratic procedures of internal elections as described in Article 10.
6.2 Joint ACE/Management Committees
a. Chancellor’s Advisory/District Finance Budget Committee/ District Joint Benefits Committee . The ACE representative on these Committees and subcommittees shall be the President. In addition, the Negotiations Chair shall serve on any joint labor-management committees regarding benefits.
b. President’s Advisory/Campus Budget Group. The ACE representatives on this Committee shall be the elected campus Vice Presidents in their respective jurisdictions.
c. Safety Committee
The President shall solicit nominations and/or volunteers from among the membership at large for ACE representatives to this Committee. The representatives shall be appointed, from among those names submitted to the President or by the President, with the approval of the Executive Board.
d. Contract Review Committee
The Contract Review Committee shall consist of the President, Chief Stewards, Negotiations Chair or his or her designee from the Negotiating Team, and the Labor Consultants. Additionally, anyone who has expertise of a contract review issue may be invited by the committee to attend a meeting as a resource.
6.3 Other Committees
The Executive Board shall appoint representatives to college standing committees, committees created by the ACE contract and other committees as needed. The Executive Board shall review committee appointments on an annual basis and immediately after every election. The Executive Board shall appoint representatives to the following committees’ current governance committee pertaining to the health, welfare and well-being of the unit.
6.4 Special Committees
A Special Committee is a committee appointed by the President, the Vice President or the Executive Board to work on a specific issue or task. All committee representatives shall report to the Executive Board when requested to do so.
Article 7 – Organization: Staff and Consultants
7.1 The President, in conjunction with the Executive Board, has authority to hire and fire staff and contract for services necessary to carry out the purpose of ACE.
7.2 Retirees may not hold officer positions, but may serve as advisers or content experts to the Board with no voting rights. Advisers may participate by invitation only.
Article 8 – Conflicts of Interest
No officer may be involved in any ACE matters involving a Supervisor or Administrator who is a family member (parent, offspring, sibling, spouse or other relation). Should a related officer be in attendance at a meeting when a possibly conflicting issue is discussed, they shall excuse themselves from that portion of the meeting. No officer may be involved in any ACE matters in which the said officer will be the sole benefit for personal reasons by the decision.
Article 9 – Charges, Hearings and Appeals
Members may be charged with violating any provision of this Constitution. Members may also be charged with wrongful taking or retaining of money, books, papers, records or any other property belonging to ACE; the wrongful destruction, erasure, mutilation or use of any books, papers, records, bills, receipts, vouchers or other ACE property. Further charges may include bringing false charges against a member without good faith or with malicious intent. For the purpose of this article, the term “member” includes both full dues paying members and service fee payers.
9.2 Presentation of Charges
Charges against a member shall be filed in writing with the Recorder. The Recorder shall serve a copy thereof to the accused member, either personally or by certified U.S. mail directed to the last known mailing address of the accused, at least ten (10) calendar days before the start of any hearing on the charges.
At any hearing held by ACE pertaining to such charges, the Executive Board shall act as the hearing body. The accused may appear in person and with witnesses to answer the charge(s) and shall be afforded a fair hearing. The accused may select another member, or an attorney, to represent him or her in the presentation of the defense. ACE may be represented by an attorney or consultant, or any member assigned by the Board Members, in prosecuting the charge(s). If the accused is unable or unwilling to be present at any hearing provided for herein, her or his defense may be presented in writing prior to the hearing, but the hearing body shall proceed with the hearing regardless of the presence of the accused.
a. Charges Filed Against a Member of the Executive Board
Should the charges be filed against a member of the Executive Board, that member shall not act as part of the hearing body.
b. Impartial Hearing Officer
Nothing herein shall prohibit the Executive Board from choosing an impartial party to hear the matter. If this occurs, the Executive Board may treat the written recommendation of that impartial party as either binding or advisory. ACE shall bear the cost of the impartial party.
c. Other Costs
The total cost of any attorney or other person representing the accused or charging party shall be borne by that respective party; however, ACE shall bear all costs incurred by the Executive Board in prosecuting or defending any matter. ACE shall select and provide a hearing room for the hearing and shall pay any required rental cost.
d. Outcome of Hearing
If the charges or any portion of the charges are sustained, the Executive Board shall render a judgment and impose disciplinary action as provided herein. If the charges are not sustained, they shall be dismissed.
e. Disciplinary Action
Any disciplinary action imposed upon a member found guilty of any charges shall relate to the rights and duties of membership in ACE. Disciplinary action may, as the case requires, consist of a reprimand, suspension of specified membership benefits or privileges, suspension from membership, expulsion from membership, or removal from an appointed or elected position. As part of the disciplinary action, the member may be given duties to perform or may be asked to refrain from performing specific acts.
f. Appeal of Disciplinary Action
Appeal of any Executive Board decision with respect to charges may be taken to the next regular or special meeting of the General Membership. Such appeal must be filed with the Recorder within five (5) calendar days of the Executive Board’s decision. Pending such an appeal, the decision shall remain in full force and effect. The appeal shall be made to the members at the General Membership meeting in the same manner as it was made to the Executive Board. The action of the membership on such appeals shall be final and binding.
g. Exhaustion of Internal Appeal Process
Subject to provisions of applicable statutes, every member against whom disciplinary action has been taken agrees as a condition of membership not to file or prosecute any action in court, tribunal or other agency until all procedures referred to in this Constitution have been exhausted.
10.1 Nominations and Election of Officers, Chief Stewards, Negotiators and Board Members
a. Nominations for all Officers, Chief Stewards, Board Members and Negotiators (in applicable years) must be made at General Membership meetings or by email to the Recorder within 3 business days of the General Membership/Nominations meeting.
b. Nominations for Executive Board members will be held in October. A General Membership or Nominations Meeting for Negotiators will take place within 90 days but no less than thirty (30) days prior to the expiration of the current contract. For convenience, there may be nominating meetings at both Foothill and De Anza.
c. The Recorder shall notify the membership at least five (5) business days before the nomination meeting.
d. The Nomination meeting shall be a time to inform the membership of positions available for nomination, what the roles and responsibilities of the positions are, and to make available the Nomination Forms.
e. Nominations will be made at the nominating meeting from the floor or by filling out a nominations form by a member in good standing, or members may nominate themselves. Nomination petitions shall be presented to the Recorder no later than three (3) business days after the Nomination meeting.
f. There shall be three (3) separate nomination forms: one (1) for each location.
g. The Nomination Forms shall list the positions available for nomination and space for nominees’ names to be written in.
h. Nomination Forms shall include space for the nominator’s name and work phone number and/or e-mail address. If nominations by email do not contain this information, the Recorder shall request the information in a reply email.
i. Nomination Forms may be submitted at the end of the Nomination meeting or by the end of the third (3rd) business day following the Nomination meeting to the Recorder.
j. The Recorder shall then confirm the nominations within six (6) working days by:
1) Verifying that all nominators are members in good standing.
2) Contacting the nominators to verify that they did indeed submit the Nomination form(s).
3) Verifying that all nominees are eligible for the positions they were nominated for according to Section 10.3
4) Contacting the nominees to determine whether or not they accept their nominations.
k. Once the Recorder has confirmed all nominations, the list of nominees shall be made public by the Recorder.
l. Once the list of nominees has been made public, the candidates may begin campaigning for their positions.
10.2 Schedule for Nominations
Nomination of candidates shall occur at the October Site Membership meetings held during the appropriate year. Nominations will close at the end of the third (3rd) working day after the October meeting.
10.3 Eligibility of Candidates Nominated
A member is eligible to be a candidate if he or she is a non-probationary, permanent, classified employee in the District and is a member of ACE in good standing for one (1) full year. The candidate must maintain good standing as a member if nominated and elected for as long as he or she remains in the elected position.
10.4 Nomination Meeting
At the October General Membership meetings, the President shall call for nominations from the floor for candidates for Officer(s) and Board Member(s) positions scheduled for election that year. In years the President is up for election, the Recorder shall call for nominations of the President from the floor. Nominations shall be closed three (3) business days after the Nominations meeting. Dues authorization forms shall be available at General Membership Meetings. They may also be requested from the Recorder.
10.5 Candidate Statements
Candidate statements may be submitted to the Recorder for each open position and shall be distributed to all relevant members.
10.6 Election Committee
Upon the close of nominations, the Recorder shall appoint a committee with approval of the Board comprised of members in good standing of ACE who are not candidates for election that year to administer and supervise the election. The committee shall have at least one member from each location affected by the vote.
10.7 Election Ballot
The Elections Committee shall prepare an election ballot including the name of each eligible candidate nominated for each position. The Election Committee shall work with the Tech Team to format ballots. Candidates shall be listed under the title of the position for which they were nominated and location of jurisdiction. A space shall be provided next to the name of each candidate where the voting member may mark the ballot for the candidate of his or her choice. The ballot should also include a space to write in candidates.
The Recorder will work with the Tech Team and the Elections Committee to ensure the ballots retain the same format in which the members vote by location for their respective representatives. Elections will be open for 4 business days, and all applicable rules in Articles 10.8c, d and e will apply. All members of the Election Committee and Tech Team shall be present when the ballots are revealed in the system to ensure there has been no tampering.
The Executive Board shall determine the dates for the elections.
On the election ballot each member shall vote for only one candidate for each position. The Negotiating Team may have more than one position open.
b. Tie Vote
In the event of a tie vote among candidates receiving the highest number of votes cast for an office, the election shall be repeated among those tied candidates until one of them receives a majority of votes cast. When that occurs, the candidate receiving the majority is elected. In the event that two or more candidates for any position receive the same number of votes, and there is not a clear outcome, the election shall be repeated until the appropriate number of candidates has received the highest number of votes.
c. Election Results
Immediately upon close of the election, the Election Team shall convene to witness the opening of the secure ballot results. The Recorder shall publish the election results to the membership within two (2) working days of the vote count. The ballots shall be retained by the Recorder for a period of three (3) months. During this time any member may review the ballots upon request. A member of the Election Committee shall be present when the member reviews the ballots.
10.9 Election Cycle
1) The nominations for all positions will be open in October of every year and for three (3) days thereafter, at which point the nominations will be closed. There will be staggered terms; therefore, Group 1 will be elected in odd years, and begin their terms in January of even years. Group 2 will be elected in even years, and begin their terms in January of odd years. De Anza Seat 1 serves the SSPBT and Seat 2 serves on the FERPBT and the Classified Senate.
|Group 1 Begin serving in Even Years||Group 2 Begin serving in Odd Years|
Vice President – De Anza Campus
Vice President – Central Services
Chief Steward – Foothill Campus
Board Member – De Anza Campus/Seat 1
Board Member – Foothill Campus
Vice President – Foothill Campus
Chief Steward – De Anza Campus
Chief Steward – Central Services
Board Member – De Anza Campus/Seat 2
Board Member – Central Services
10.10 Vacancies and Appointments
The Executive Board shall appoint an eligible member to fill vacant elected positions in the event of resignation or removal from office. The appointment shall remain valid for the remainder of an un-expired term. However, if no eligible member is willing to serve in the position it shall remain vacant until it is filled pursuant to the elections procedures outlined in this Constitution.
Article 11 – Recall of Officers
11.1 President, Chief Steward, Negotiators, Treasurer and Board Members
The President, Vice Presidents, Board Members, Chief Stewards, Negotiators or Treasurer may be removed from office at a recall meeting to be called in the following manner:
a. Upon presentation to the Executive Board of a written petition signed by 20% of members in good standing of ACE, a recall meeting shall be initiated. A notice shall be distributed to each member, by the Recorder, stating the date, time and place of the recall meeting. This notice must be distributed ten (10) working days prior to the meeting.
b. The petition must be titled “Recall Petition” and must specify the person to be recalled and the charge(s) on each page.
c. In the case of Vice Presidents and Board members, the recall may only be initiated and signed by members in their respective representational areas.
Upon presentation to the Board of a written petition, signed by 20 percent of ACE members in good standing, a Steward may be removed from office by the Executive Board. However, the petition shall consist only of members in the Steward’s representational area. Stewards may also be removed by a majority vote of the Executive Board.
11.3 Recall Meeting
No business other than the recall shall be conducted at this recall meeting. No action can be taken if a quorum of 20 percent of the membership of the person’s representational area, in good standing, is not present. The recall vote shall be by secret ballot and shall require a two-thirds (2/3) majority of those voting to remove the elected official from office.
11.4 Opportunity to Address
The person designated for recall shall be afforded an opportunity to address all charges being made against him or her at the recall meeting prior to the recall vote.
Article 12 – Collective Bargaining
ACE shall adhere to the requirements of EERA regarding its collective bargaining relationship with the District and when representing its members in the bargaining unit.
12.2 Negotiations Proposal
a. Tentative Agreement
When ACE’s Negotiating Team has reached a tentative agreement with the District on all matters being negotiated it shall, through the Executive Board, provide each member with a clear and concise summary of that tentative agreement.
ACE shall conduct a special General Membership meeting to discuss and vote on the tentative agreement reached by the Negotiating Team with the District. This meeting shall be held not less than five (5) calendar days and not more than ten (10) calendar days from the date the summary of the tentative agreement was delivered to the membership pursuant to 12.2a(1) above in this Constitution.
b. Discussion of Tentative Agreement
The Chair of Negotiations shall, at the meeting held to discuss and vote on the tentative agreement, prior to a vote on the tentative agreement, allow a reasonable amount of time for members to address their questions regarding that tentative agreement.
Votes to ratify a tentative agreement must be by a majority of members voting for that purpose. Votes will be made on a written or secure electronic ballot. Membership shall be advised of such a meeting at least five (5) working days prior to the meeting. The balloting process shall be determined by recommendation of the Executive Board.
d. Tally of Votes for Ratification
Prior to the vote on the tentative agreement, the President, with approval of the Board, shall appoint a committee of members who are not on the ACE Negotiating Team, to verify the votes in the same manner as mentioned in section 10.7. The results shall be announced to the members within three (3) working days following the verification, and the District shall be notified promptly thereafter.
e. Concerted Action
If ACE’s Negotiating Team determines a need for concerted action against the District, and, in the case of a strike, ACE has exhausted the impasse procedure of EERA, it shall promptly notify the Executive Board of the dispute. Notification shall include recommendation on the type(s) of concerted action ACE proposes.
1) Special Meeting of the Executive Board
Within forty-eight (48) hours of receiving notice from ACE’s Negotiating Team, the Executive Board shall hold a special meeting to discuss the matter and take official action on its recommendation. At this meeting, the Executive Board shall schedule a special meeting of the general membership to discuss and vote on the proposal to take concerted action. This meeting shall be scheduled to occur within ten (10) calendar days of the Executive Board meeting.
2) Special Meeting of the General Membership
The Executive Board shall provide each member with a description of the proposal regarding concerted action and the express reason(s) for the proposal. The concerted action proposal shall be delivered to membership no less than forty-eight (48) hours before the meeting is called to order. Members attending this meeting shall be provided a reasonable opportunity to discuss the proposed concerted action.
3) Voting on Concerted Action
Within ten (10) working days of the General Membership meeting regarding the proposed concerted action, the membership shall vote on the proposed concerted action. The vote may take place either at a membership meeting, or by separate ballot, as determined by the Board. Each member in good standing shall have one vote, with two-thirds (2/3) of voting members determining the outcome of that vote. The vote shall be conducted by secret ballot, with the ballots counted and tallied by an independent party on the same day the vote is completed. Results will be announced upon completion of the vote tally.
Article 13 – Amendments and Policies
Proposals to amend this Constitution shall be made at a regular or special meeting of the Executive Board. Membership shall thereupon be promptly notified, and the proposed amendment shall be read and voted upon by the General Membership at the next regular or special meeting. The vote shall be taken by secret ballot, each member in good standing having one vote. A majority of the members voting shall determine the outcome of the vote.
13.2 Policies and Procedures
The Executive Board may enact policies and procedures consistent with this Constitution, allowing for the efficient operation of ACE. Such policies and procedures shall be provided to members of ACE upon adoption by the Executive Board.
Article 14-Discrimination and Sexual Harassment Prohibited
ACE shall comply with applicable federal and state law regarding discrimination and sexual harassment.
Article 15 – Miscellaneous
Restriction on Actions
Except to the extent specified by this Constitution or the Executive Board, no member or group of members, including but not limited to members of the Executive Board, the Chief Steward, members appointed as Stewards, and members at large, shall have the power to act as agent for or otherwise bind ACE in any way whatsoever, except to the extent specifically authorized in writing by the Executive Board.
Approved Revisions 9/9/2011
Approved Revisions 11/15/2013 Approved Revisions 11/14/2014
Full Dues Paying Employee (a.k.a. Member in Good Standing): ACE members who pay the full membership dues and are entitled to all rights and privileges of membership. Dues are determined by ACE according to Constitution Article 3.2. Member Rights: ACE Support, Receive Communications, Attend Meetings, Ask Questions, Give Input, Vote, Hold Office
Service Fee Paying Employee: ACE members who excused themselves from the governance and voting rights of full dues paying membership. Service fees are determined by ACE according to Constitution Article 3.4 and shall not exceed the cost of full membership dues. Member Rights: ACE Support, Does Receive Communications, Can Attend Meetings, Can Ask Questions, Can Give Input, Cannot Vote, Cannot Hold Office, cannot serve on ACE appointed committees such as hiring and shared governance committees.
Absentee Ballots: A ballot marked and mailed in advance by a voter away from the actual polling place.
District Offices: The District Office Building and the immediately surrounding buildings including Plant Services, Purchasing, ETS, etc.
Ex-officio Member: By virtue of an office or position, an ex-officio member has full speaking and voting rights on committees, unless otherwise indicated in the Constitution
Impasse: Bargaining impasse occurs when the two sides negotiating an agreement are unable to reach agreement and become deadlocked.
Mediation: Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using proper techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest.
PERB: The Public Employment Relations Board is a quasi-judicial administrative agency charged with administering the collective bargaining statutes covering employees of California’s public schools, colleges, universities, employees of the State of California, employees of California local public agencies (cities, counties and special districts), trial court employees and supervisory employees of the Los Angeles County Metropolitan Transportation Authority.
EERA: The statutes administered by PERB include the Educational Employment Relations Act (EERA) of 1976 establishing collective bargaining in California’s public schools (K-12) and community colleges.
Proxy Voting: When a member who is entitled to vote at a meeting authorizes another member to vote on his or her behalf at a specific meeting and under specified circumstances
Quorum: The minimum attendance required to conduct business at a meeting. The percentage needed for a quorum may be modified in the organization’s Constitution.
Reopener: With the exception of years when the entire Agreement is open for negotiation, either party may reopen negotiations on Article 8 (Pay and Allowances), Article 18 (Paid Benefits) and one additional article of either party’s choice.
Simple Majority Vote: A straightforward form of voting where a simple majority of votes wins (greater than 50%)
Straw Vote: An unofficial vote taken to determine opinion on some issue
Strike: To stop working as a collective form of protest against an employer
Uncontested Race: During an election, a position which has only one (1) candidate running for that office
Working Days: For the purposes of this Constitution Working Days shall be defined as Monday through Friday, September through June and Monday through Thursday, July through August, excluding holidays.