CCCI - Bylaws

California Community College Independents - CCCI
Bylaws

Bylaws

CALIFORNIA COMMUNITY COLLEGE

INDEPENDENTS (CCCI)

BY-LAWS

(Adopted at the Spring, 2004 Conference)

Preamble

The California Community College Independents (CCCI), an association of independent bargaining agents for California community college faculty, is hereby established to advance and promote the general welfare of community college faculty, as well as community college staff and students throughout the state of California. CCCI is a professional organization for Independent faculty union leaders in which they can share information and learn from each other about negotiation issues and contract matters; it also establishes a formal statewide voice for the Independent faculty unions regarding issues affecting California community colleges.

To these ends, CCCI provides support and consultation for union leaders and members, troubleshoots in Independent districts experiencing legal or organizational difficulties, works on contract details, shares legal advice, and holds Fall and Spring conferences. In addition, CCCI serves as a formal representative member of the Consultation Council (the constituent advisory body of the state Chancellor and the California Community College Board of Governors), serves as one of the five members of the Council of Faculty Organizations (CoFO), represents CCCI in meetings with other state organizations, and keeps members informed about current issues.

Article I. Name

Section 1. The name of the organization governed by these by-laws shall be the California Community College Independents, Inc., or CCCI, herein.

a. Maintenance and Inspection of Articles and By-Laws. CCCI shall keep at its principal office, the original or a copy of the articles of Corporation and by-laws, as amended to date, which shall be open to inspection by the members at all reasonable times during office hours.

Section 2.

a. Definitions. The term “independent” herein is defined as those community college faculty bargaining agents that are not affiliated, for the purpose of contract negotiations, with a larger state or national labor organization. The term “member” herein is defined as the lawfully constituted independent bargaining agent for the faculty of the individual college or district that professes to belong to CCCI.

Article II. Membership

Section 1. Membership Eligibility. Memberships in CCCI shall be limited to recognized, unaffiliated, collective bargaining agents for community college faculty, full- and/or part-time, located within the state of California.

Section 2. Rights of Members. Each member shall have the right to one delegate vote on the Representative Council. Authority to speak for and delegate representative responsibility for the member bargaining unit shall reside in the President of the local bargaining agent.

a. There shall be no provision for proxy vote, and a majority of those delegates voting shall be determinative, unless another threshold and/or procedure is stipulated in these bylaws

1. On issues which require the vote of the membership as set forth in these by-laws.

2. On issues presented to the Representative Council by the Executive Committee.

3. On the election of Representative Council Officers.

4. On the disposition of all or substantially all of the assets of CCCI.

5. On any merger and its principal terms and any amendment of those terms.

6. On any determination to dissolve or remove members of the Executive Committee.

7. On any determination to dissolve CCCI.

b. If CCCI is dissolved, those members shall receive a pro-rata distribution of all assets, exclusive of those held in charitable trust, remaining after payment or provision for payment of the obligations and debts of CCCI and provision for any other payment required under applicable law.

c. Membership in other professional, educational organizations does not prejudice membership in CCCI.

Section 3. Termination and/or Suspension Of Membership.

a. Automatic Termination. A membership shall terminate automatically on occurrence of any of the following events:

1. Resignation of a member, on reasonable notice to the Executive Committee.

2. Expiration of the period of membership, unless the membership is renewed on the renewal terms fixed by vote of the Representative Council.

3. Failure of a member to pay dues, fees, or assessments as set by vote of the Representative Council within thirty (30) calendar days after the due date.

4. Occurrence of any event that renders a member ineligible for membership or failure to satisfy membership qualifications.

b. Termination or Suspension for Cause. Membership may be terminated or suspended upon a good faith determination by two-thirds vote of the Representative Council that the member has failed in a material and serious degree to observe the rules of conduct of CCCI, or has engaged in conduct materially and seriously prejudicial to the purposes and interest of CCCI. In the case of suspension, the duration shall be set by vote of the Representative Council, and the bargaining unit whose membership is suspended shall not exercise any privileges of membership during the period of suspension.

Section 4. Dues and Assessments.

a. Membership dues are determined by majority vote of the Representative Council.

b. The Representative Council shall determine the need for special assessments and vote their adoption.

c. A pro-rata refund of dues and assessments shall be made to a terminated member if the termination is pursuant to Section 4a, above.

d. The Representative Council may issue a pro-rata refund if termination is for any of the grounds set forth in Section 4b, above, if the Representative Council determines by vote that such a refund is fair and reasonable under the circumstances of the termination.

e. By majority vote, the Representative Council may consider an appeal, on the part of an individual member due to financial hardship, for a reduction in fees or dues. The member shall make a written appeal to the Executive Committee for such a reduction. The Executive Committee shall share the grounds for such a reduction with the Representative Council. The duration of the fee or dues reduction shall be a period of no more than one year, but the request may be renewed each year.

Article III. Statewide Structure

Section 1. Bi-Annual Meetings. CCCI shall hold bi-annual meetings of the Representative Council at any place within California designated by the Council. These meetings are intended to be primarily informational and are open to all faculty from member bargaining units. Generally, the meetings are scheduled over two days with the first day dedicated to negotiation and the second to statewide issues. Each year one meeting shall be held in northern California and one meeting shall be held in southern California.

a. The President of the member local bargaining unit shall delegate representational authority to one faculty from the unit. This representational authority shall be continuous for all matters coming before the Representative Council until such time as the local President officially notifies the CCCI President of a change.

b. The CCCI President shall set the agenda for and preside over all meetings of the Representative Council.

c. The CCCI Executive Secretary shall be responsible for publishing notices of the meetings and mailing such to members in sufficient time for effective travel arrangements to be made by the member representatives. Meeting agenda and materials shall be sent to each Representative Council member no later than one week prior to each meeting date.

d. The CCCI Treasurer shall maintain financial records of dues income and expenses, providing a budget and up-to-date actual accounting at each bi-annual meeting. A budget for the upcoming year shall be presented at the Spring meeting.

e. In addition to conducting the business of CCCI, the bi-annual meetings shall allow those running for Council of Representatives Officer positions an opportunity to address the general membership. Business matters brought to the bi-annual meetings shall be determined by vote of the Board members who are present (see Article II, Section 2).

Section 2. Special Meetings. A special meeting of the Representative Council may be called at any time by the CCCI President or a majority of the Representative Council. Such meetings may be conducted by a variety of means, including but not limited to face-to-face, conference call, traditional mail or email discussion, and polling.

Article IV. Representative Council

Section 1. Responsibilities and Functions. There shall be a Representative Council whose function shall be to determine policy and conduct business for CCCI.

Section 2. Composition.

a. Each member bargaining unit shall delegate one Representative to the Representative Council. The local President shall have this delegating authority.

b. CCCI Officers shall retain all rights and privileges (including voting) accorded Representative Council delegates.

Section 3. Term of Office. Each Representative shall serve at the discretion of the delegating bargaining unit. Changes in the delegated Representative authority must be communicated officially by the local bargaining unit President immediately to the CCCI President.

Section 4. Responsibilities of Representatives.

a. Attend Council meetings, read material in advance, ask questions, and make informed decisions.

b. Assist the officers of CCCI in the discharge of their duties.

c. Serve as chair and active member of standing committees of the Council.

d. Represent CCCI at his/her campus, district, and other campuses as necessary.

Section 5. Calendar. The Representative Council shall establish a calendar of meetings for the year.

a. Bi-Annual Meetings. The Representative Council shall meet regularly according to the established calendar, unless otherwise requested by the President.

b. Special Meetings.

1. The President may call a special meeting of the Representative Council at her/his discretion. The call shall state the purpose of the meeting.

2. The President shall call a meeting of the Representative Council within two weeks after receipt of written request for such meeting from a majority of the delegates to the Council.

3. In any matter requiring emergency action by the Representative Council, in a situation where a meeting cannot be held, the President shall ascertain the wishes of the Council by telephone, email, FAX or other means of communication. Provided responses are obtained from at least two-thirds of the Council, the President is authorized to act in accordance with the majority view. A report of this procedure, including the names of the delegates to the Council contacted, and any division of opinion, shall be reported to the Council at tits next meeting and be included in the notes of that meeting.

Section 6. Quorum. Two-thirds of the Representative Council delegates from bargaining unit members in good standing shall constitute a quorum for the transaction of business at any meeting of the Representative Council.

Section 7. Attendees. Faculty employed at any CCCI member district or college may attend any meeting of the Representative Council and may be recognized and participate in discussions at the pleasure of the Council; however, only delegated Representatives have voting privileges. Guest faculty from non-member districts or colleges may be invited by the President and participate in discussions at the pleasure of the Council.

Section 8. Vacancies. In the case of a vacancy on the Representative Council, the President shall notify the affected bargaining unit President and request that a replacement be found as soon as possible.

Section 9. Communication with Members. The Representative Council is responsible for ensuring that regular written communication is provided to members about the activities of CCCI.

Section 10. Member Interests. The Representative Council is responsible for identifying and responding to member interests.

Section 11. Conflict of Interest. All prospective and current Council members must disclose any conflicts of interest, including membership, and or affiliation with other faculty labor organizations. The Board may disqualify any prospective Officer from running or any current Officer from continuing to serve because of a conflict of interest.

Article V. Officers

Section 1. Officers. The Officers of CCCI shall be a President, Executive Secretary, and Treasurer, each serving a two-year term, commencing on July 1 in even-numbered years.

Section 2. Eligibility. Any California community college faculty employee who is a member in good standing of a CCCI bargaining unit may be nominated or nominate her/himself for a CCCI Office. Such nomination shall be made upon the opening of the Spring meeting of the Representative Council.

Section 3. Election of Officers. Officers shall be elected by majority vote of the member delegates in attendance at the Spring meeting in even numbered years of the Representative Council by secret ballot. There shall be no provision for proxy votes.

Section 4. Vacancies. Should a vacancy occur in any Officer position, the remainder of the term shall be served by an eligible replacement elected as per Section 3 at a regular or special meeting of the Representative Council.

Section 5. Responsibilities of the President.

a. Prepares an agenda for and presides at meetings of the Representative Council.

b. Acts as the official spokesperson for CCCI, serving as CCCI representative on statewide committees, or appoints a designee.

c. Prepares, in collaboration with the Treasurer, an annual budget for presentation to the Representative Council at the Spring meeting of each year. Is signatory for annual tax returns, after review by CCCI Officers.

d. Manages the spending of all budgeted moneys within the limits and priorities established by the Representative Council and is a signatory to the CCCI checking account. With the Treasurer, signs all checks greater than $500, and is the official contact with agents for any CCCI investments.

e. Acts as co-editor of CCCI publications, and is responsible for ensuring that all publications serve the interests of CCCI and its members.

f. Serves as chair of the Executive Committee and as an ex-officio member of all committees.

Section 6. Responsibilities of the Executive Secretary.

a. Exercises temporarily the duties of the President in the event of the President's short-term inability to serve, and assumes the Office of President for the remainder of the President's term if the President is unable to complete his/her term.

b. Serves as a member of the Executive Committee and as Executive Committee liaison to committees as assigned by the President.

c. Serves as the President's designee, representing CCCI at meetings such as those scheduled by the Community College Chancellor's Office, Board of Governors, or other organization, and performs other duties as assigned by the President.

d. Distributes the agenda and any supporting materials for Representative Council meetings, records the proceedings of each meeting, and sends these meeting notes to Council delegates.

Section 7. Responsibilities of the Treasurer.

a. Oversees monthly bank reconciliation and the preparation of quarterly balance sheet, income statement, and any other reporting forms required by government agencies. Supervises the collection of all dues, assessments, and other income.

b. Presents Treasurer's report at meetings of the Representative Council.

c. Establishes and maintains special funds or accounts as may be determined by the Representative Council.

d. Performs an annual review of checks and signatures, bank and financial statements, and oversees tax reports reviewed by CCCI Officers, and/or the outside accountant.

f. Prepares, in collaboration with the President, an annual budget, for presentation at the Spring meeting of the Representative Council each year.

g. Is a signatory to the Association checking account.

Article VI. Executive Committee

Section 1. Composition. Members of the Executive Committee shall be the President, the Executive Secretary, and the Treasurer.

Section 2. Duties and Responsibilities. The Executive Committee shall

a. advise the President regarding setting the agenda for Representative Council meetings.

b. review budgets that shall be approved and adopted by the Representative Council.

c. review CCCI investments and tax reports.

d. perform, between meetings of the Representative Council, its functions subject to approval at the next meeting of the Council. The President shall immediately notify the Representative Council of any such action of the Executive Committee.

Article VII. Committees

Section 1. Standing Committees. Standing Committees may be created by the President with the approval of the Representative Council to address issues pertinent to CCCI. Standing Committees exist at the pleasure of the Council and have no independent authority other than making recommendations to the Council and implementing Council decisions. The Representative Council shall review the effectiveness and structure of every standing committee annually.

a. Committee Membership. Eligibility for committee membership shall be open to any faculty from a member local bargaining unit, subject to the approval of the local President. The Representative Council, in consultation with the CCCI President, shall make all assignments to committees.

b. Committee Chairs. Chairs of Standing Committee shall be named by the President from among the Representative Council, including Officers, with the advice and consent of the Council. Committee Chairs are responsible to the President who may, with the approval of the Council, remove any Committee Chair.

Section 2. Other Committees. The President, with the consent of the Representative Council, may appoint other Committees and Task Forces as the need arises. The Council, by majority vote, may direct the President to appoint a Committee or Task Force.

Article VIII. Finance

Section 1. Fiscal Year. The fiscal year for CCCI shall be determined by the Representative Council.

Section 2. Dues. Membership dues shall be determined by the Representative Council.

Section 3. Treasurer’s Report. The Treasurer shall make a report on receipts, expenditures, and financial condition of CCCI at each regular bi-annual meeting of the Representative Council, as well as any other time that the President may direct.

Section 4. Budget. An annual budget shall be for approved and adopted by the Representative Council.

Section 5. Appropriation of Funds. No funds of CCCI may be expended except as authorized by the Representative Council.

Section 6. Bonding. The Representative Council shall select a reputable bonding company for all persons authorized to expend CCCI funds. The Council shall determine the amount and conditions of such expenditures.

Section 7. Audit. The President shall have the financial records of CCCI reviewed annually by an independent Certified Public Accountant, and these books shall be audited, rather than reviewed, at least every third year as of the close of the fiscal year. The results of the audit shall be reported to the Representative Council and shall become a part of the official record of the Council.

Section 8. Dues, Fees, and Assessments. Each member must pay, within the time and on the conditions set by CCCI, any and all dues, fees, and assessments.

Section 9. Good Standing. Those members who have paid the required dues, fees, and assessments in accordance with these by-laws and who are not suspended shall be members in good standing.

Section 10. Records and Reports.

a. Maintenance of CCCI Records. CCCI shall keep adequate and correct books and records of account and a written record of its proceedings, including those of any and all committees of CCCI.

b. Inspection of CCCI Records. On written reasonable demand to CCCI Officers, any member may inspect, copy, and make extracts of the reports of the accounts or proceedings of CCCI and its committees.

c. Annual Report. An annual report shall be prepared within 120 days after the end of CCCI’s fiscal year, which shall be a calendar financial year. The Treasurer shall have primary duty to prepare the report; however, all Officers shall cooperate with the Treasurer in its preparation and review the final document. That report shall contain the following information in appropriate detail:

1. A balance sheet as of the end of the fiscal year and a financial statement reporting changes in financial position for the fiscal year, accompanied by any relevant independent accountant report, or if there is no such report, accompanied by certification by the Treasurer that these were prepared without audit from the books and records of CCCI.

2. A signed certification by the Treasurer that all required federal and state tax reporting documents have been satisfactorily completed in a timely and professional manner; if the required documents were accomplished by an independent auditor/tax preparer, the certification shall so state.

3. Any other pertinent information that is required by CCCI.

d. CCCI members retain the right to receive a copy of any financial or proceedings report under this Section. On written request by the President of any member bargaining unit, the Treasurer shall promptly cause the most recent annual report to be sent to the requesting member.

Article IX. Affiliations

Section 1. CCCI may affiliate with, join with, or act in concert with such other organizations, associations, individuals, or corporations as it deems appropriate in the furtherance of its specific purposes and which are not in conflict with these by-laws.

Section 2. Proposal. Affiliation with other organizations, or terminations of affiliation, may be proposed by a majority of the Representative Council.

Section 3. Ratification. At a meeting of the Representative Council following notification at least one calendar month in advance of the meeting, the Council may ratify a proposal for affiliation, or termination of affiliation, by two-thirds vote.

Section 4. Delegates to Other Groups. The President shall nominate one or more delegates to each meeting of affiliated or related groups at which CCCI is entitled to be represented. The Representative Council shall confirm or reject such nominations.

Article X. Parliamentary Authority

Section 1. The latest edition of Robert’s Rules of Order Newly Revised shall be the authority for all procedural matters not covered by the by-Laws of CCCI.

Section 2. The President shall appoint a Parliamentarian for every meeting of the Representative Council.

Article XI. Amendments to these By-Laws

These By-Laws may be amended by proposal of a majority of the Representative Council at a regular Bi-Annual Meeting followed by two-thirds ratification of those voting at the next regular Bi-Annual Meeting.