The objects of this Association shall be to: (1) protect
members' rights under the merit principles of public employment;
(2) advise and represent its members on any of their employment
rights and obligations; (3) deal or bargain collectively with public
employers in the State of Maryland concerning grievances, labor
disputes, wages, rate of pay, hours of employment, or conditions
of work for public employees in the State of Maryland; (4) represent
members under the Police Officer's Bill of Rights; and (5) represent
members generally in matters relating to their employment.
Section 2 - Representation
This Association shall represent those public employees who are
members of the Association in good standing. This is to include
those employees for whom the Association may acquire lawful authority
to serve as majority representative in discussions and negotiations
with the State, or any of its political subdivisions, concerning
any personnel and employment matters. This shall also include discussions
and negotiations with the State, or any of its political subdivisions,
concerning any personnel and employment matters pertinent to collective
bargaining and any of the duties of a collective bargaining representative,
as set forth in Section 1 of this Article, pursuant to any lawfully
enacted collective bargaining procedure.
Section 3 - Methods
The stated objectives of the Association shall be attained by organizing,
representing and collectively bargaining for appropriate units of
public employees; fostering public sentiment favorable to public
employees; seeking the enactment of legislation to attain better
economic and social welfare for public employees; protecting the
rights of all public employees in the State of Maryland; and taking
any action as is deemed necessary for the protection and advancement
of Association members.
Section 4 - Association Status
If at any time the Board of Directors of MCEA considers affiliation
with any other labor organization which affects our independent
status, a full mail ballot shall be taken of the membership of the
Association on the question of affiliation. This ballot shall be
handled by the most reasonable and appropriate means of written
communication and shall be sent to all active and retired members.
The question shall require a three-quarters (3/4) majority of all
active and retired members to be approved. Balloting shall be handled
by an independent certified public accounting firm.
Section 5 - Objects and Methods
"Robert's Rules of Order Newly Revised" shall govern the
proceedings of this Association, except as otherwise provided by
the charter and these Bylaws.
Section 6 - Deadlines
Whenever a deadline falls on a day when the Association Headquarters
is closed for the conduct of regular business, the deadline shall
become the next regular business day.
ARTICLE III
Membership
Section 1 - Eligibility
Any public employee, contractual public employee, or retired public
employee of the State of Maryland or any of its political subdivisions
shall be eligible for membership in this Association. Any employee
of a quasi-public agency in the State of Maryland which assumes
the delivery of services to the public which previously had been
delivered by the State or any of its political subdivisions shall
be eligible for membership in this Association. Any surviving spouse
whose deceased spouse included them in the MCEA insurance program
shall be eligible for membership.
Section 2 - Types
The types of membership shall be: (a) active employee membership
Ð any full- or part-time public employee or contractual public employee;
(b) active retiree membership Ð any retired public employee; (c)
continuing membership Ð members who were in good standing in this
Association and not retired at time of separation from public service.
Such continuing member shall not be entitled to vote or hold office
in this Association; (d) surviving spouse - the surviving spouse
of an MCEA member who included him/her in the MCEA insurance programs;
(e) associate membership Ð any person not eligible for membership
under a, b and c. Associate members shall not be entitled to vote
or hold office in this Association.
Section 3 - Rights
Members in good standing, exclusive of associate members, shall
be entitled to good faith representation without charge by the Association's
designated representative or Legal Counsel if necessary, when said
members grieve with respect to wages, hours, or conditions of public
employment pursuant to their respective public employer's grievance
procedures or pursuant to the grievance procedures of any applicable
collective bargaining agreement. This right to good faith representation
is limited to a duty of fair representation. The Board of Directors,
acting on behalf of the Association, when administering the applicable
grievance machinery as representative of its members, has the right
to make decisions in good faith and in a non-arbitrary and non-perfunctory
manner, as to the merits of particular grievance(s), including but
not limited to decisions regarding whether to undertake representation
of the grievance(s); whether to discontinue representation of the
grievance(s) at any stage prior to the conclusion of the applicable
grievance procedure; whether to recommend that a grievance be settled
prior to the exhaustion of the applicable grievance procedure; whether
to refuse to continue representation in the event that its recommendation
of settlement is not satisfactory to the grievant(s); whether to
seek judicial relief and redress for a particular grievance in addition
to or in lieu of representation through any or all of the steps
of the applicable grievance procedures; and whether to discontinue
its representation in judicial proceedings at any point to their
exhaustion. Counsel shall not participate in any judicial proceeding
without approval of the Board of Directors. Neither the Association
nor its Counsel shall be required to take a position in any manner
that is inconsistent with established positions or policies of the
Association.
Membership begins on the date that the Association
sends the membership card to the appropriate payroll office, or
on the date that payment is received by the Association for those
members who may not pay via payroll deduction in accordance with
Article XIII, Section 1B. Members shall not be entitled to representation
on grievances, disciplinary charges or other actions resulting from
events which occurred prior to their joining this Association, except
as required by State and local law.
Unless waived by the Board of Directors, Counsel shall
not, under any circumstances, render legal services without charge
to any public employee who is eligible for membership in the Association,
but who is not a member in good standing of the Association.
A member in good standing shall be a public employee
who is current with respect to the payment of dues and other applicable
general fees and conditions of membership. Any member who fails
to pay dues to the Association, pursuant to these Bylaws, shall
have his membership terminated within sixty (60) days of the last
dues payment, unless other provisions are made by the Board of Directors.
Representation shall not extend to any civil or criminal
charges, except in instances where members are alleged to have acted
in an official capacity on behalf of the Association, as determined
by the Board of Directors.
The Board of Directors shall have the authority to
authorize representation of members in any other area involving
their employment not specifically provided for in these Bylaws.
Section 4 - Discipline
Any member who is found by the Board of Directors to have violated
the Charter, Bylaws, principles, or policies of the Board of Directors
shall be subject to reprimand, suspension, or expulsion from the
Association by a three-fourths (3/4) vote of the Board of Directors,
present and voting, after a reasonable opportunity has been afforded
the member for an impartial hearing.
Any member whose actions, or membership in, or affiliation
with any organization or association are considered to be detrimental
to the best interests of this Association shall be subject to removal
as a chapter officer or representative by a majority vote of the
Board of Directors, present and voting, after a reasonable opportunity
has been afforded the member for an impartial hearing.
Charges against any member for any violations, as
set forth herein, must be made in writing and may be filed by any
other member. In the event any charges are filed against any Officer
or non-officer member of the Board of Directors, that member shall
not be entitled to vote on the charges.
Section 5 - Appeal of Disciplinary Action
Any member against whom action has been taken, in accordance with
Article III, Section 4 - Discipline, shall have the right to appeal
the decision of the Board of Directors to the next convention. Notification
of the intent to appeal shall be made by the member, in writing,
to the Association within ten (10) working days after the member
receives the decision of the Board of Directors by certified mail.
The written intent to appeal may not be received at the Association
Headquarters less than ten (10) working days before a Convention.
Any member against whom disciplinary action has been
taken by any chapter, or by the Officers of this Association, shall
have the right to appeal this action to the Board of Directors.
Notification of the intent to appeal such action shall be made by
the member, in writing, to the Association within ten (10) working
days after the member has been advised of disciplinary action. Notification
of the decision of the Board of Directors shall be sent by certified
mail within (60) days after the receipt of the appeal. The member
of the chapter shall have the right to appeal the decision of the
Board of Directors to the next convention. Notification of the intent
to appeal shall be made in writing to the Association within (10)
working days after the member receives the decision of the Board
of Directors by the most reasonable and appropriate means of
written communication. The written intent to appeal may not
be received at the Association Headquarters less than (10) working
days before a Convention.
Section 6 - No Discrimination
Any public employee or retired public employee of the State of Maryland,
or of any of its political subdivisions, shall be eligible for membership
in this Association and all the rights and privileges of membership
without respect to the public employee's sex, sexual orientation,
race, creed, religion, color, national origin, marital status, disability,
age, or political affiliation.
Section 7 - Dual Membership
No member of MCEA who also holds membership in any other union or
employee organization competing for membership with MCEA shall be
eligible to hold any elective or appointed position in MCEA or any
of its chapters. The Board of Directors shall be empowered to make
exceptions to this section in individual cases where the best interests
of the Association shall be served.
Section 8 - Nepotism
No member of an Officers' family may be hired as a full-time, permanent
paid employee of this Association.
Section 9 - Gender Reference
Whenever the word he or his is used in these Bylaws, it is used
in the generic sense and refers equally to both the masculine and
feminine genders.
ARTICLE IV
Convention and Representation
Section 1 - Date and Location
This Association shall convene annually (subsequent to September
1st) on such date as may be approved by the Board of Directors.
It shall also convene at the call of the President, by a majority
vote of the delegates at the Convention in session, by three-fourths
(3/4) of the members of the Board of Directors, or by petition signed
by a majority of the presidents of chapters in good standing with
the approval of each chapter membership. The minutes of the chapter
meetings at which the presidents received such approval shall be
attached to the petition. The Convention Committee shall set the
dates for the following year's Convention and shall announce the
dates before adjournment sine die of that year's Convention.
Section 2 - Chapter Representation
Chapter representation at the Annual Convention shall be based upon
the number of chapter members in good standing as shown on the chapter's
last available quarterly roster at Association Headquarters at the
time of the official notice for call of the Convention.
Chapter representation for all other Conventions shall
be based upon the number of chapter members in good standing as
shown on the chapter's last available quarterly roster at Association
Headquarters at the time of the official notice for the call of
the convention. A member must be in good standing for at least ninety
(90) days with his/her chapter in order to participate at the Convention
as a delegate.
Chapters formed after the above computation is completed
shall have representation at Conventions based on charter membership.
Section 3 - Chapter Delegation
A chapter shall be entitled to one delegate for every ten (10) members
in good standing; however, the number of delegates representing
any one chapter shall not exceed twenty (20). The delegates(s) of
a chapter shall be a member of the chapter he is representing.
The Retirees Chapter shall be entitled to one (1)
vote for every thirty (30) members in good standing. Active employee
chapters shall be entitled to one (1) vote for every ten (10) active
employee members, and one (1) vote for every thirty (30) active
retiree members in good standing. Only chapters in good standing,
as defined in Article XI, Section 2, shall be entitled to vote at
the Convention. No chapter in good standing shall have less than
one (1) vote.
Section 4 - Delegate Names
Each chapter president shall notify the Association Headquarters,
in writing, of the names of the delegate(s) and chair of the delegation
who shall represent the chapter at the Convention at least thirty
(30) days prior to the Convention date. No delegate shall be entitled
to vote at the Convention if the chapter president has not complied
with this Section, unless waived by a majority of those present
and voting at the Convention and already seated. In the event of
an emergency situation, the thirty (30) day notification requirement
may be waived by a two-thirds (2/3) vote of the total membership
of the Board of Directors.
Section 5 - Proxy
No chapter shall be represented by proxy.
Section 6 - Conduct of Business
In order to have a quorum for conducting business at any Convention,
one-third (1/3) of the chapters must be officially represented by
one or more delegates. Business to be transacted at any Convention,
except the annual election of Officers and Board of Directors, shall
require compliance with certain provisions. All reports, including
those of the President and the Executive Director, recommendations
or other business or matters to be submitted to the Convention of
the Association shall be first submitted to the Board of Directors.
It shall then be the duty of the Board to cause them to be mailed,
in a concise booklet form, with all other Convention material, at
least thirty (30) days prior to the next Convention, to all Convention
delegates along with the Board of Directors' recommendations. The
matter may then be voted upon at the next Convention Ð provided
a quorum is present Ð and may be adopted by a majority of those
delegates present and voting.
At any Convention where a quorum is present, three-fourths
(3/4) of the delegates present may adopt any motion, report or recommendation,
or transact any other business by their affirmative vote without
prior notice to the Board of Directors and chapter presidents. In
the event that a quorum is not present at the annual meeting for
the election of Officers and Board of Directors, those delegates
present at the Convention shall, however, have the power by a majority
vote of all those delegates present and voting to elect the Nominating
Committee's slate of Officers and non-officer members of the Board
of Directors.
Section 7 - Voting
A chapter entitled to more than one delegate may send less than
its allotted quota of delegates to a Convention, but the one or
more delegates present may cast the same number of votes on all
matters, including the election of Officers, as if the full number
of delegates were present.
All of the votes of any absent delegates shall be
cast in the manner determined by the majority of each chapter's
delegates, present and voting, at the Convention. In the event of
a tie vote as to how the absent vote shall be cast, the absent vote
shall be divided equally. All remaining votes shall be vested to
the Chair of the Chapter Delegation. Fractional votes shall not
be counted. Officers and non-officer members of the Board of Directors
who are not delegates to any Convention shall have the right to
speak to any issue on the floor, but shall not have the right to
make or second a motion, nor have the right to vote.
Section 8 - Elections
The election of Officers shall be by ballot. The election of each
Officer shall be by separate vote of the Convention in the order
of: President, First Vice President, Second Vice President, Secretary
and Treasurer. If there is only one nomination for any of the Offices,
the Secretary shall declare the sole nominee elected and will instruct
delegates present to delete the nominee's name and Office from the
ballot. If there are two or more nominees for any of the Offices,
voting shall be by written and separate ballot. Officers shall be
elected by a majority vote of the delegates present and voting at
the Annual Convention. When more than two candidates are nominated
for one Office, and a majority vote is not obtained, the candidate
receiving the lowest number of votes shall be dropped and balloting
shall continue until a majority is obtained.
The election of non-officer members of the Board of
Directors shall follow the election of the Officers. No person elected
an Officer by any Convention may thereafter be nominated for or
elected as a non-officer member of the Board of Directors at the
same Convention.
Voting for non-officer members of the Board of Director
shall be conducted by taking one (1) ballot of all persons nominated
for a regular two (2) year term. The appropriate number of persons
which receives the greatest number of votes cast on the ballot of
those delegates voting at the Annual Convention shall be declared
elected. If less than the appropriate number of persons is nominated,
then the vacancies in the remaining unfilled positions shall be
deemed to have occurred. These vacancies shall be filled by the
Board of Directors as herein provided. No non-officer member of
the Board of Directors elected by the Annual Convention shall serve
more than two (2) full consecutive elected terms. The newly-elected
President, First Vice President, Second Vice President, Secretary,
Treasurer and newly-elected non-officer members of the Board of
Directors, after taking the Oath of Office, shall officially take
office immediately following the close of the Convention with the
words "adjournment sine die."
ARTICLE V
Officers
Section 1 - Titles and Terms of Office
The Officers of this Association shall be the President, First Vice
President, Second Vice President, Secretary and Treasurer. The term
of Office shall be two (2) years. Only those persons duly elected
to the Office of Secretary or Treasurer may serve more than two
(2) successive full terms in the same office. All Officers shall
serve until a successor is elected.
Section 2 - Special Recall Election
Whenever by a two-thirds (2/3) vote of the total membership of the
Board of Directors any Officer serving in the first year of a two-year
term is deemed to be not properly performing the duties of that
Office, the Board shall hold a special recall election regarding
that Office at the next Convention.
Section 3 - Vacancies
Any Officer who retires from public employment shall be permitted
to complete his term, at which time the position shall be declared
vacant and filled by the Convention delegates. Any Officer whose
employment is terminated by layoff or job abolishment and who is
appealing such action shall be permitted to serve until the next
Convention, at which time the position shall be declared vacant
and filled by the Convention delegates.
In the event that any Officer separates from public
employment, the position shall automatically become vacant. Whenever
a vacancy occurs in the Office of President or First Vice President,
the person holding the next lower Vice Presidency shall move up
to the next higher vacant Office. If the Office of Second Vice President
remains vacant by virtue of this procedure, it shall be filled by
the remaining members of the Board of Directors from names submitted
by chapters within thirty (30) days from the date that the notice
of the vacancy is mailed or otherwise given to the chapters. If,
however, the Office of Second Vice President is vacated within ninety
(90) days prior to the next Convention, chapter presidents and vice
presidents shall be notified by the most reasonable and appropriate
means of written communication, and the vacancy shall be filled
by the Convention delegates.
Whenever a vacancy occurs in either the Office of
Secretary or Treasurer, that Office shall be filled by the remaining
members of the Board of Directors from names submitted by chapters
within thirty (30) days from the date that the notice of the vacancy
is mailed or otherwise given to the chapters. If, however, either
office is vacated within ninety (90) days prior to the next Convention,
chapter presidents and vice presidents shall be notified by the
most reasonable and appropriate means of written communication,
and the vacancy shall be filled by the Convention delegates.
Section 4 - Remuneration
All Officers of this Association shall serve without remuneration.
Section 5 - Presidential Powers
In addition to all other powers and duties, the President shall:
(1) preside at all meetings of the Convention and all meetings of
the Board of Directors, Executive Committee and Statewide Advisory
Council; (2) exercise general supervision over all chapters of this
Association; (3) have the final responsibility for the flow of information
and educational programs to the chapters in the Association; (4)
assure that the mandates of the Conventions, Board of Directors
and Bylaws are observed; (5) appoint all Committees, unless otherwise
provided for herein or by the Conventions; (6) be an ex-officio
member of all Committees and Area Advisory Councils, except the
Nominating Committee; (7) have the authority to temporarily appoint
any member of the Association or staff to carry out the duties and
responsibilities of the Executive Director should a vacancy occur
in that position, said appointment being effective until such time
as the Board of Directors shall hire a new Executive Director; and
(8) submit a written report to the Annual Convention as to the progress
of the Association and as to the President's official acts during
the preceding year of office.
Section 6 - Officers' Powers
It shall be the duty of the highest ranking Vice President to act
during the absence or disability of the President, and at such time
shall be vested with duties and powers delegated by the President.
Whenever, by a three-fourths (3/4) vote of the total membership
of the Board of Directors, the President is deemed unable to perform
the duties of that office, the Board shall charge the highest ranking
Vice President with those duties. This charge shall be reviewed
at least every sixty (60) days by the Board of Directors.
An Officer or non-officer Board member found to be
acting contrary to the interests of the Assocation can be removed
from the Board under provisions of Maryland Corporate Law.
Section 7 - Restrictions on Treasurer
The Treasurer of MCEA shall be prohibited from concurrently serving
as Treasurer or in any Officer position of a subsidiary organization
of MCEA.
ARTICLE I-V | ARTICLE
VI-XI | ARTICLE XII-XVII | ARTICLE
XVIII
