By-Laws |

5.1

Classes of General Elections. There shall be eight (8) classes of General Elections: Annual, CTA State Council Representative, NEA Delegate, Initiative, Referendum, Recall, Contract Ratification and By-law Ratification.

5.2

Annual General Election. The Annual General Election shall be the means by which the membership shall elect the Executive Officers and Segment Directors. Nominations shall be open; i.e., the procedures shall guarantee that the name of any member may be placed in nomination by any member, with any withdrawal to be voluntary by the nominee. When necessary, additional nominations may be made by the Representative Council at the regular meeting held immediately prior to the Annual General Election. The names of all candidates nominated by any of the foregoing procedures shall appear on the ballot.

5.3

NEA Delegate Election. NEA Delegates and their alternates shall be elected to staggered two (2) year terms. Following the election for NEA delegates, all the candidates shall be listed in descending order based on the number of vacant positions allocated by the NEA, and shall be the highest vote-receivers, whether or not a majority of the legal ballots cast. The list of alternate delegates shall be composed of the remaining highest vote-receivers who were not elected as delegates. All other procedures shall be the same as for an Annual General Election.

5.4

CTA State Council Representative Election. Representatives and alternates shall be elected for staggered three (3) year terms. The number of representatives and alternates elected shall be equal to the number of vacant positions allocated by the CTA. The elected representative(s) shall be the candidate(s) receiving the largest number of votes which is a majority of the legal ballots cast. The elected alternate(s) shall be the candidate(s) receiving the next largest number of votes cast, whether or not that number is a majority. Should a vacancy occur in the position of representative, an election shall be held to fill the unexpired term. All other procedures shall be the same as for an Annual General Election.

Initiative General Election. The members of the Association shall retain for themselves the power of the initiative on any matter falling within the authority delegated to the Representative Council, as follows:

a.

CALL OF ELECTION. The Board of Directors shall act within five (5) days to call an Initiative General Election upon receipt of a petition containing the signatures of at least twenty percent (20%) of the current members;

b.

POSING OF QUESTION. The petition shall set forth the specific question to be posed on the ballot;

c.

PRO-CON ARGUMENTS. Separate statements in support of, and in opposition to, the proposal shall if requested also appear on the ballot. They shall not exceed two hundred words in length apiece, and shall be written by known proponents and opponents of the issue within three (3) school days of the receipt of the petition. Similar rebuttal statements not to exceed fifty (50) words in length apiece shall be prepared by the same parties within two (2) school days of the completion of the basic statement; and

d.

RECOMMENDATION OF COUNCIL. If, in its judgment, the issue warrants it, the Board of Directors may call the Representative Council into session to consider the initiative proposal. The Council shall have the right to insert a simple statement on the ballot as to whether it recommends approval or disapproval of the measure proposed, but without editorial comment.

5.6

Referendum General Election. Procedures for a Referendum General Election shall be the same as for an Initiative General Election, except that a Resolution of Referendum adopted by the Representative Council shall substitute for the initiative petition.

5.7

Recall General Election. Recall of any or all elected officials may be proposed by either an Initiative Petition or Resolution of Referendum. A statement not to exceed two hundred words in length of the reasons for the proposed recall shall be part of the Initiative Petition or Resolution of Referendum. Each official involved shall have the right to make a rebuttal statement not to exceed two hundred words in length, which shall also appear on the ballot. The question of recall shall be posed separately on the ballot for each person concerned. Recall of a Segment Director shall be by the above-mentioned procedure within the segment affected.

5.8

Contract Ratification Election. The members of the Association shall retain for themselves the power to approve or disapprove any employment contract between the Association and the Governing Board of the Garden Grove Unified School District. The Board of Directors, upon notification by the negotiating team that a tentative agreement has been reached, shall set in motion a contract ratification procedure which shall be specified in the Standing Rules. This procedure shall provide for a decision by the membership within ten (10) work days.

5.9

By-law Ratification Election. The members of the Association shall retain for themselves the power to approve or disapprove any proposed changes to the By-laws.

5.10

Notice and Methods for Conducting General Elections. General Elections shall be conducted by the Rules and Elections Committee in any of the following manners, the choice of method to be determined by the Board of Directors.

a.

FACULTY BALLOTING. The date for a General Election by Faculty balloting shall be set between ten (10) and thirty (30) school days after the action of the calling authority. Ballots for all members shall be delivered to the Association Representative for each site prior to the date established for the election. In order to be considered in the tally, marked ballots must be received at the Association Office by the deadline established in the Election Committee Calendar adopted by the Representative Council;

MAIL BALLOTING. Mail balloting for any General Election shall consist of mailing the election materials, including a postage-free return postcard ballot, to the last known home address of each member. Such mailing shall take place within ten (10) days after the action calling the election and with no more than an additional ten (10) days after the date of the mailing for return delivery at the Association office in order to be considered in the total; and

c.

IN CONJUNCTION WITH A GENERAL MEETING. The Representative Council may, from time to time, delegate to the Board of Directors the authority to call a Referendum General Election in conjunction with a General Meeting for the membership. Such election shall be limited to the making of decisions on matters of employee representation. The requirements for quorum and for notice shall be contained within the action authorizing the call of the General Meeting.

5.11

Election Controls. Adequate controls over the form, distribution, return, counting and disposition of ballots shall be provided for in policies adopted by the Representative Council and implemented in the Standing Rules.

5.12

Requirements for Decision. A majority vote shall be required to decide all issues and elections unless otherwise specifically provided in these Bylaws. If a candidate does not receive a simple majority vote, a run-off election shall be conducted among the candidates receiving the highest number of votes. The names on the ballot will be one (1) more than the number of vacancies to be filled. When there are only two candidates for an office, the candidate receiving the higher number of legal votes cast shall be declared elected