NAME

The name of this organization shall be the Minnesota Association of Professional Employees, hereinafter referred to as MAPE.

PURPOSE

The purpose of MAPE is to represent its members with respect to all terms and conditions of employment, to promote the welfare of the membership, and to advance the interests of all governmental employees. MAPE is dedicated to the principles of fair and equal representation obtained by democratic methods.

MEMBERSHIP

Section 1.      Qualifications for Membership.

Any person is eligible to join MAPE if they are an employee in a bargaining unit for which MAPE is the exclusive representative; makes an application for MAPE membership; and pays MAPE membership dues. Members on layoff, leave of absence without pay for a period exceeding twelve consecutive weeks, or contesting a dismissal may remain as members for up to a year by paying dues, but may not hold office or receive lost time pay during this time. Members on military leave, as defined in the Labor Agreement between MAPE and the State of Minnesota, Article 14, Section 3, Unpaid Leaves. C. Military Leave, continue to receive all the rights and benefits of membership without paying dues.

In the event of a limited interruption or full or partial government shutdown, all affected members of the bargaining unit will retain their membership status (unless the member revokes their membership). Members serving in elective or appointive positions will retain their positions unless removed through a normal process (such as, resigned, defeated in an election, or replaced by appointment of a successor). Members not being paid will not be required to pay dues.
 

Section 2.      Associate Membership.

A. Qualifications.

• Former MAPE members who are no longer in government service may become MAPE associate members.
• Associate members who return to government service automatically lose their associate membership status.

B. Benefits. Associate members:

• Shall receive MAPE publications.
• May participate in Local meetings.
• May serve as non-voting associate members on local, regional, and statewide committees (with the exception of the Statewide Elections Committee on which associate members who are retired may serve as a voting member), with expenses – but not lost time – paid. (They will not be included in the required number of committee members with the exception of the Statewide Elections Committee on which associate members who are retired shall be included in the required number of committee members.)
• May attend the annual Delegate Assembly at their own expense, except MAPE will pay for breakfasts and lunches. However, associate members serving in volunteer positions at the Delegate Assembly such as teller, timer, etc., will have mileage and lodging paid for by MAPE.
• Shall have such other benefits as may be determined by the Board of Directors.
• Associate members have no voting rights in MAPE with the exception of the Statewide Elections Committee on which associate members who are retired may vote.

C. Associate members shall be associate members of the Local of their choice or remain at large.
 

Section 3.      Non-Members.

Employees represented by MAPE, who do not pay dues, shall be referred to as Non-Members. Non-Members are allowed representation, but do not enjoy the privileges of membership.

Non-members shall not vote, make motions, debate, or seek or hold any elected or appointed position.
 

Section 4.      Application for Membership.

A. Members. Application for membership shall be on forms established by MAPE and shall be accompanied by an agreement for payment of dues. Membership shall be continuous until termination of employment, or written resignation. Written resignations shall become effective 30 days after receipt of resignation.

B. Associate Members. Application for associate membership shall be on forms established by MAPE. Associate membership shall continue until membership is terminated or until a written resignation is received. Associate membership will be terminated upon returning to government service.
 

Section 5.      Dues.

A. Members. Members shall pledge payment of dues by signing a dues authorization form and shall be liable for payment of dues until termination of employment, or written revocation of payroll dues deduction (subject to the provisions of the following paragraph), written revocation of the agreement for payment of dues (for dues paid by check, electronic bank transfer or cash) or while on military leave.

Payroll dues deduction shall continue through the duration period prescribed in the payroll dues deduction authorization form and may only be terminated at the time and in the manner prescribed in the payroll dues deduction authorization form.

As an alternative to payroll dues deduction, members may elect to pay dues by check, electronic bank transfer or cash.

B. Associate Members. Associate members will not be charged dues.

C. Local Dues. An individual Local may make an additional assessment upon its members, upon the prior approval of the Board of Directors and a subsequent majority vote of the Local’s members voting. Each Local that makes an assessment of individual members within its Local shall be responsible for all costs and administration of that assessment.

STATEWIDE OFFICERS

Section 1.      President.

The President shall be a lost time position with provision to guarantee no loss of accruals or benefits. The President shall serve as the Chair of the Executive Committee, the Board of Directors, and the Delegate Assembly. The President shall serve as an ex-officio member of Statewide Standing Committees, except for the elections committees. The President may call for special meetings of the Board of Directors or Delegate Assembly as provided for in these Bylaws.

The President shall work with the Executive Director to provide for effective and proactive labor relations with the employer, to include, where appropriate, participation in departmental meet and confers, state-wide labor management committees, negotiations, and political action.

The President shall appoint all committee members and committee chairs, subject to Board approval, except those for which provisions have been made.
 

Section 2.      Vice President.

The Vice President shall

• Preside at meetings of the Delegate Assembly, Board of Directors, and Executive Committee at which the President is not in attendance; and
• Chair the Job Action Committee; and
• Maintain the membership records; and
• Perform other duties as directed by the President or Board of Directors.
   

Section 3.      Secretary.

The Secretary shall keep a record of the proceedings of the Delegate Assembly, the Board of Directors, and the Executive Committee, maintain all the records of MAPE, and perform other related duties as directed by the Board of Directors.
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Section 4.      Treasurer.

The Treasurer shall maintain all financial records and receive all moneys of MAPE, and deposit all moneys so received in the name of MAPE in a bank or financial institution approved by the Board of Directors. The Treasurer shall prepare and sign checks for such purposes as are required by the governing documents or are authorized by the Delegate Assembly, the Board of Directors, or the President. The Treasurer shall keep an accurate record of receipts and disbursements and shall make monthly financial reports to the Board of Directors. The Treasurer shall act as custodian of all properties of MAPE. The Treasurer shall chair the Finance Workgroup and shall perform other related duties as directed by the Board of Directors.

BOARD OF DIRECTORS

Section 1.      Composition of the Board of Directors.

The Board of Directors shall consist of the Executive Committee and at least one Regional Director from each Region.

The total number of Regional Director(s) in a given Region shall equal the total number of employees in the Region who belong to MAPE represented bargaining units as of January 1 of each odd numbered year, multiplied by the number of Regions in MAPE, divided by the total number of employees MAPE represents. Any fraction shall be rounded to the nearest lower number. The Vice President shall be responsible for completing this calculation and for notifying Regions in writing of the number of Regional Director positions.
 

Section 2.      Substitutions.

In an extended leave of absence from Board of Directors meeting or Delegate Assembly of a Regional Director (three consecutive months or more), the Region will appoint an interim Director among elected officials by the Region’s Director and Local Executive Team(s). The chosen Alternate must sign the Code of Conduct, Conflict of Interest, and Data Agreement. 

Section 3.      Meetings.

The Board of Directors shall meet as necessary. The President, a majority vote of the Executive Committee, or a majority vote of the Regional Directors may cancel or call additional meetings. The cancellation made by the President or Executive Committee may be overruled by a majority vote of the Board. The vote may be done either in person or electronically.

Members have the right to be heard at meetings of the Board of Directors. The Board of Directors shall establish a policy to accommodate this right.

The draft agenda for regularly scheduled Board of Directors meetings will be posted on the MAPE website at least 48 hours before the Board of Directors meeting, and local presidents will be notified within at least 24 hours of the posting.

 

Section 4.      Workgroups

The Board of Directors shall establish workgroups to perform specific tasks assigned by the Board of Directors. Board members will be voting members. Work groups may add non-board members in advisory roles.

The board of directors shall create and maintain a comprehensive list of all current board workgroups, sub-groups, task forces, and advisory groups it has created.

This list shall be made available for members, on the MAPE website.

This list shall include the following information about each group:

• Scope
• Composition/structure
• Current members
• Term Length/Term Limits

There shall be a Finance Workgroup. The Finance Workgroup is a standing workgroup. The Finance Workgroup shall prepare MAPE's budget. The workgroup will present the budget to the Board of Directors and Delegate Assembly. Additionally, the workgroup will oversee investments, the financial policies, and annual financial audit.

There shall be a Hiring Workgroup. The Hiring Workgroup is a standing workgroup. The Hiring Workgroup shall oversee all hiring by MAPE as described in the Hiring Policy.

An accessibility workgroup shall be formed which is comprised of members and staff appointed by the president and board. This workgroup shall oversee efforts to improve accessibility at MAPE.

STATEWIDE STANDING COMMITTEES

Section 1.      Committees.

A. MAPE shall have Statewide Standing Committees as defined below.

1. Constitution and Rules Committee
2. Elections Committee
3. Employee Rights Committee
4. Executive Committee
5. Job Action Committee
6. Local Presidents Committee
7. Meet and Confer Committee
8. Meet and Confer Chairs Committee
9. Negotiations Committee
10. Nominations Committee
11. Organizing Council
12. Political Council

B. Good faith effort shall be made to see that statewide committees are comprised of members from Greater Minnesota in proportion to their membership in MAPE as of January 1 of each year. In appointed committees, vacancies shall be filled following the same procedures as for the committee appointments.

C. Appointed committee members serve for a term corresponding to that of the Statewide Officers and continue their duties until their successors have been appointed.

D. Appointed committees may remove members:

1. When the member has 3 unexcused absences in the last 12 months; and
2. With notification to the member 14 days prior to a vote by the committee; and
3. By a majority vote of the committee.
    

Section 2.      Constitution and Rules Committee.

The Constitution and Rules Committee shall consist of five members. This committee is responsible for analyzing proposed changes to the governing documents, Delegate Assembly Resolutions, and Delegate Assembly Standing Rules. The committee will indicate that a proposed change is not ready for debate if the submitted proposal conflicts with statute, current governing documents, Delegate Assembly Standing Rules, or within the proposed document itself. Explanations describing the conflict will accompany the decision. If no conflict exists, the committee will label the proposal as ready for debate.

At each regularly scheduled Delegate Assembly, the Constitution and Rules Committee shall report on changes made by the Board of Directors to the bylaws and policies since the previous regularly scheduled Delegate Assembly.

Other duties are assigned by the Board of Directors, the Executive Committee, or the Delegate Assembly.

Resolutions initially proposed during the Delegate Assembly are not required to be coordinated by the committee.
 

Section 3.      Elections Committee.

The Elections Committee shall consist of five members. It shall serve as Elections committee for statewide and regional elections. Retired individuals who are also associate members and had been MAPE members for the 2 years immediately preceding their retirement may serve as full voting members of the Statewide Elections Committee. The Board of Directors shall designate one of the five members as the committee chair. No statewide or regional officer or candidate for statewide or regional office shall be a member of this Committee. The committee's responsibilities include validating candidate credentials, monitoring campaigns, conducting elections, and hearing protests.
 

Section 4.      Employee Rights Committee.

The Employee Rights Committee shall consist of the Regional Steward Director of each Region and the Vice President.
 

Section 5.      Executive Committee.

The President shall be the presiding officer of the Executive Committee. The Executive Committee shall conduct the business of MAPE between the meetings of the Board of Directors and shall perform other duties as directed by the Board of Directors. The Executive Committee shall meet at the call of the President or a majority vote of the Executive Committee.

The Executive Committee shall consist of:

• The Statewide Officers
• The Chair of the Political Council
• The Chair of the Organizing Council

For the purposes of term limits, all positions on the Executive Committee are considered statewide officers.
 

Section 6.      Job Action Committee.

The Job Action Committee shall consist of the Vice President of each Local. The First Vice President shall chair the Committee.
 

Section 7.      Local Presidents Committee.

There shall be a Local Presidents Committee that will meet, at least once, annually. The meetings will be called by the Chair or at the request of at least 10 local presidents.

The Local Presidents Committee shall consist of each Local President from all MAPE Locals.

The Local Presidents Committee will share information between Locals in regard to Local policies and issues. The Local Presidents Committee may make recommendations and offer assistance to the Delegate Assembly, Statewide Officers and the Board of Directors.

The Local Presidents shall elect a Local President to chair the Local Presidents Committee for a one-year term. The election will occur at the annual meeting. The Chair must be a Local President for the entire one-year term. In the event of a vacancy in the chair the Statewide President, with concurrence from the Board of Directors, will appoint a Local President to chair the committee for the remainder of the one-year term.
 

Section 8.      Meet and Confer Committees.

A. There shall be a Meet and Confer Committee for a given Appointing Authority. See Appendix D of the MAPE contract for a list of agencies.

B. Each committee shall consist of:

1. A committee chair;
2. Up to 12 members;
3. Up to 2 alternate members.

C. Each committee's chair will be elected in an agency wide election.

1. Elections will be part of the annual statewide elections in even years through 2022 and then switch to odd years starting in 2023.
2. Members can vote for the chair of their respective agency.
3. The term of office is two years and until their successor is elected.
4. Vacancies in the Chair will be filled by the Vice Chair and the committee will elect a new Vice Chair.

D. Each committee will elect one of its members as Vice Chair. The Vice Chair will perform the duties of the Chair in the Chair's absence or vacancy of the Chair position.

E. Each committee shall elect one of its members as Secretary. The secretary shall keep a record of the proceedings of Meet and Confer Committee meetings with the respective Appointing Authority.
 

Section 9.      Meet & Confer Chairs Committee.

There shall be a Meet and Confer Chairs Committee that will meet as determined necessary, and at least quarterly. The meetings will be called by the Chair or at the request of a majority of Meet and Confer Chairs.

The Meet and Confer Chairs Committee shall consist of each Appointing Authority Meet and Confer Committee chair.

The Meet and Confer Chairs Committee will share information between Meet and Confer Committees in regard to common workplace issues, best practices for working with Management, and effective workplace actions and member engagement practices.

The Meet and Confer Chairs shall choose one of their members to chair the Meet and Confer Chairs Committee. The Meet and Confer Chairs Committee Chair will be responsible for scheduling meetings, setting agendas, and ensuring meeting minutes are maintained.

Committee Members shall elect a Speaker who will act as a liaison between the Meet and Confer Chairs Committee and the Executive Committee and MAPE Board of Directors and serve on the Negotiations Committee as a full member. The Speaker will be elected at the Negotiations Convention. The Speaker is an elected position for purposes of holding MAPE office, and will serve a two-year term. All bylaws pertaining to the rights of MAPE office holders apply to the Speaker.

The Speaker will be responsible for sharing information regarding common workplace issues, working with Management, workplace actions and member engagement practices with the Executive Committee and MAPE Board of Directors for consideration in strategic decision making, and with the Negotiations Team for consideration in developing collective bargaining proposals. The Speaker will report to the Executive Committee and MAPE Board of Directors monthly.
 

Section 10.    Negotiations Committee.

A. Statewide. Each region shall elect a member to represent the region on the statewide negotiations committee in a special election called by the statewide elections committee at the start of a new negotiations cycle, on a date set by the board of directors. The elected members shall, to the extent possible, reflect various aspects and interests of the members of the unit. Should a vacancy occur on the committee the local officers of the region shall select a replacement from the affected region’s membership. 

Statewide negotiations committee members elected by the regions in regularly scheduled elections will be seated when work begins on the next agreement between MAPE and the state of Minnesota. (seated elected committee members will not be replaced by newly-elected members while negotiations are in progress.) 

In addition, the president, with the consent of the executive committee, may appoint up to three at-large members to the committee. The statewide negotiations committee shall choose one of its members to serve as chair of the committee, or two members to serve as co-chairs. The statewide negotiations committee shall represent MAPE during negotiations with the employer. The three at-large members may be on a temporary basis. The executive committee, by a two-thirds vote, may select a substitute for any one of the at-large members on a need basis. All appointments are subject to approval by a majority vote of the board of directors

B. Local. Local Negotiations Committees shall be formed prior to the appointment of the Statewide Negotiations Committee. The Local committees shall solicit information and input from the members of the Local, and forward such input and any recommendations to the Statewide Negotiations Committee. The Committee shall select the chair of the Local Negotiations Committee.

C. Other Bargaining Units. Bargaining units represented by MAPE, other than State Unit 214, shall elect their own negotiations committee(s).
 

Section 11.    Nominations Committee.

The Nominations Committee shall consist of five members. It shall serve as Nominations Committee for statewide and regional elections. The Board of Directors shall designate one of the five members as committee chair. The committee’s responsibilities include identifying potential leaders throughout the union and encouraging them to run for office. The committee will make every effort to ensure that there are eligible candidates for all statewide and regional elective positions. The committee will work with local officers and members to identify potential regional leaders, encourage them to run for elective office and make every effort to ensure that there are candidates for all regional elective positions.

Section 12.    Organizing Council.

A. An Organizing Council, consisting of five elected members and two appointed members. The Statewide President is an ex-officio non-voting member of the council.

B. The council shall promote full and equal participation of all people represented by MAPE in the Union and workplace. This includes:

1. Organize diverse professionals to build power, membership recruitment and retention, relationship building and conducting actions led by local leaders who are accountable to members.
2. Providing training, mentoring, and practical experiences for people to develop their leadership skills.
3. Strategies should include deliberate attention to diversity, inclusion and protected classes.
4. Collaborate with external organizations.

C. Charter. The council will operate under a charter approved by the Board of Directors. The charter will be created in alignment with the Board of Directors' strategic plan.

D. Term of Office. All terms shall be the same as other statewide officers, except when a vacancy occurs (see Vacancies below). The terms shall remain staggered.

E. Elections. Elections for three of the council seats shall be held in odd-number years. Elections for two of the council seats shall be held in even-numbered years. Elections will be held as part of the annual statewide elections.

F. Appointments. The two appointed council members shall be appointed by the Statewide President subject to Board approval.

G. Chair. The council will elect one of its members to serve as Chair. The term of office is for two years and until their successor is elected. The election of the Chair will be in even-number years, at a council meeting. Vacancies in the Chair will be filled by the Vice Chair. Appointed positions are not eligible to be elected Chair.

H. Vice Chair. The council will elect one of its members to serve as Vice Chair. The term of office is for two years and until their successor is elected. The election of the Vice Chair will be in even-number years, at a council meeting. Vacancies in the Vice Chair will be filled by a special election of the council, at a council meeting.

I. Vacancies. If a vacancy occurs in the second half of the council member’s two-year term, the President will make an appointment subject to Board of Director’s confirmation. A vacancy occurring in the first year of the council member’s term will result in a special statewide election. If a vacancy occurs because not enough candidates accepted nominations during a regularly scheduled statewide election, the President will make a temporary appointment subject to the Board of Director’s confirmation. This temporary appointment shall also serve as a nomination for this office during the next statewide special election.

Section 13.    Political Council.

A. The Political Council shall consist of five elected members and two appointed members. The Statewide President is an ex-officio non-voting member of the council.

B. The council shall engage and organize members interested in legislative activities and collaboration with other organizations for the benefit of MAPE members. This includes:

1. Define legislative/political priorities and provide member education and engagement.
2. Strategies should include deliberate attention to diversity, inclusion and all protected classes.
3. Keep the members informed about legislative issues and relevant labor-related political activity.
4. Working with members to improve their interactions with government officials.
5. Collaborate with external organizations.

C. Charter. The council will operate under a charter approved by the Board of Directors. The charter will be created in alignment with the Board of Directors' strategic plan.

D. Term of Office. All terms shall be the same as other statewide officers, except when a vacancy occurs (see Vacancies below). The terms shall remain staggered.

E. Elections. Elections for two of the council seats shall be held in odd-number years. Elections for three of the council seats shall be held in even-numbered years. Elections will be held as part of the annual statewide elections.

F. Appointments. The two appointed council members shall be appointed by the Statewide President subject to Board approval. One of the two appointed members shall be a member of the Political Action Committee if one is currently not seated.

G. Chair. The council will elect one of its members to serve as Chair. The term of office is for two years and until their successor is elected. The election of the Chair will be in even-number years, at a council meeting. Vacancies in the Chair will be filled by the Vice Chair. Appointed positions are not eligible to be elected Chair.

H. Vice Chair. The council will elect one of its members to serve as Vice Chair. The term of office is for two years and until their successor is elected. The election of the Vice Chair will be in even-number years, at a council meeting. Vacancies in the Vice Chair will be filled by a special election of the council, at a council meeting.

I. Vacancies. If a vacancy occurs in the second half of the council member’s two-year term, the President will make an appointment subject to Board of Director’s confirmation. A vacancy occurring in the first year of the council member’s term will result in a special statewide election. If a vacancy occurs because not enough candidates accepted nominations during a regularly scheduled statewide election, the President will make a temporary appointment subject to the Board of Director’s confirmation. This temporary appointment shall also serve as a nomination for this office during the next statewide special election.
 

Section 14.    Electronic Meetings.

Statewide standing committees and other statewide, regional, and local MAPE committees may hold meetings which some or all members attend by electronic means if simultaneous aural communications among all participating members are, at least, equivalent to those of meetings held in one room and requirements in MAPE’s parliamentary authority, governing documents, and policies are met.

REGIONS AND LOCALS

Section 1.      Regions.

There shall be subdivisions known as Regions. The Board of Directors shall determine the total number of Regions and the boundaries of each Region on a geographic basis by work location. Region is a geographic and political subdivision of the MAPE membership. Its purpose is to coordinate the delivery of member service and provide a vehicle for information flow to and from the Board of Directors. Regional membership elects a Regional Director to the Board of Directors who provides a voice for the Locals in that Region.
 

Section 2.      Regional Director.

A Regional Director must be a member of the Region they serve. Duties of a Regional Director include, but are not limited to, gathering concerns and interests of people they represent; making policies that reflect their constituents’ interest; performing other duties as assigned by the Board of Directors in accordance with the Board’s policies; and disseminating information regarding status of MAPE and newly enacted policies as well as standing policies of MAPE.
 

Section 3.      Locals.

All Regions are organized into one or more Locals. Each Region by default forms one Local. Locals are geographic subdivisions of Regions. A Local’s purpose is to provide for direct delivery of member service through regular membership meetings, Local officers and stewards. Locals provide grassroots membership direct access to information and services such as contract negotiations, grievance handling and MAPE-provided training and education.

A work location or locations within a well-defined geographic area may petition the Board of Directors to divide the Region and form a separate Local. The Board of Directors, when considering the petition shall also take into account the functioning of the original Local(s) when the new Local is formed. The final formation of a new Local after the Board of Directors has approved the petition and organizing papers, if any, shall require a majority vote of the members who will constitute the new Local.
 

Section 4.      Local Officers.

All Locals shall have a President, Vice President, Secretary, Membership Secretary, and Treasurer. Locals may also elect any other officers deemed necessary. The Local officers comprise the local executive committee. The terms of these offices shall be two years. Officers of newly formed Locals shall be elected as part of the formation process and shall serve until the normal expiration date of other Local officers in their Region.

Local officers may be paid a stipend from their local budget for their local union activities if approved by their local members. Dues reimbursement is not allowed as payment for union activities.
 

Section 5.      Local Officer Duties.

The PRESIDENT shall conduct the affairs of the Local and preside at Local meetings. The President shall be a member of the Local Presidents Committee.

The VICE-PRESIDENT shall preside at Local meetings at which the President is not in attendance and shall chair the Local Job Action Committee.

The SECRETARY shall maintain a record of the Local's proceedings.

The MEMBERSHIP SECRETARY shall maintain a record of the Local’s membership records and promote member recruitment, retention, and involvement.

The TREASURER shall be responsible for any funds received or disbursed directly by the Local, and shall maintain a record of the Local's financial transactions.
 

Section 6.      Regional and Local Officer Elections.

Members elected to Regional positions and Local Officers and Committee Members must be members of the Region/Local they serve.
 

Section 7.      Quorum for Local Meetings.

For Local meetings a quorum shall consist of 5 members or 5% of the Local members, whichever is greater. Any resulting fraction shall be rounded upward to the next whole number. For the purpose of quorum, the number of officer members may not exceed the number of non-officer members.
 

Section 8.      Local Committees.

Each Local may create standing and special Local committees as necessary to fulfill the purposes and functions of the Local.

ELECTIONS AND VACANCIES

Section 1.      Eligibility.

A. Candidates and Incumbents. Candidates for and incumbents in any elective or appointive position, including committee appointments, in MAPE must:

1. except as noted in Exceptions, below be members, as defined in Bylaws Article III, for at least 30 days prior to the closing of nominations;
2. not hold more than one office, including statewide, Regional and Local office, at the same time, except 1) Interim President as provided for in the MAPE Interim Local Governance Policy and 2) as provided for in Article VIII Section 3D.. Committee positions, including chairs, are not offices. Council positions are offices; 
3. Regional Directors may not be elected as negotiations representative;
4. except as noted in Exceptions, below be working in a classification covered by a MAPE agreement at the closing of nominations or between the closing of nominations and occupying the position, except when the out-of-classification is less than 30 days;
5. not be officers or salaried employees of any other exclusive bargaining representative or an affiliate thereof;
6. except as noted in Exceptions, below, not be members of the statewide Elections Committee;
7. not be under sanction as provided in the Bylaws, Article XIII, Section 10, provisions (4), (5) and (6);
8. not be under sanction as provided in MAPE’s parliamentary authority; and
9. not have voluntarily crossed a MAPE picket line in six years, or three contract cycles – this can be appealed to the Board of Directors.

B. Position-Specific Eligibility.

1. Statewide Vice President. Candidates must have a minimum of one-year experience as a Regional Steward Director or has handled two investigations and two grievances, and has taken advanced steward training.
2. Meet and Confer Chairs. Candidates must be employees of the respective agency.
3. Candidates for Speaker. Candidates must be an elected meet and confer committee chair.[1]

C. Exceptions.

1. After a local election, any members who are not trustees may be appointed as Delegate Assembly delegates or alternates.
2. Statewide Elections Committee members may be appointed as Delegate Assembly delegates or alternates. They may also be appointed to other statewide committees.
3. Retired individuals who are also associate members and had been MAPE members for the 2 years immediately preceding their retirement may serve as full voting members of the Statewide Elections Committee.

Section 2.      Elections.

A. Election Procedures. Statewide, Regional and Local officer elections shall be governed by the Election Rules.

B. Statewide and Regional Elections. Voting in statewide and regional elections shall be by secret ballot by MAPE members. The term shall be four years and until a successor is elected or appointed as provided in the MAPE Constitution, Bylaws, and Election Rules. Statewide and Regional Officers shall be eligible to serve for no more than two consecutive terms in the same office. Regional Directors in even-numbered Regions shall be elected in even-numbered years; Regional Directors in odd-numbered Regions shall be elected in odd-numbered years. *Term limits apply even if terms of office are extended due to change in election timing. [1][2][3]

C. Local Elections. Officers’ terms shall be two years and until a successor is elected. Terms of Delegate Assembly delegates and alternate delegates shall be one year. Local officers shall be elected biannually in the year their Regional Director is not being elected. Officers of newly formed Locals shall be elected and shall serve until the normal expiration date of other Local officers in their Region.

D. Board of Trustees. Elections shall be conducted as prescribed in the Bylaws, Article XV.
 

Section 3.      Vacancies.

A. Vacancy While Out of Class. Any member holding an elective or appointive position in MAPE who agrees to work out of class in a classification not covered by a MAPE agreement shall notify the statewide President and shall be temporarily suspended from the elective or appointive position for a period not to exceed thirty days. The suspension shall be effective at the beginning of the out of class assignment. On the thirty-first day of the out of class assignment, the elected position shall be deemed vacant and shall be filled pursuant to the appropriate provisions of the governing documents. The acts of temporarily suspending an officer and declaring a vacant office shall be taken by the Executive Committee, which shall also make arrangements during the period of any temporary suspension for the duties of the office to be performed. A suspended officer may appeal the suspension to the Board of Directors, whose decision shall be final.

B. Vacancies in Local Offices. When the office of Local President becomes vacant, the Local Vice President automatically becomes President for the remainder of the term. Vacancies in other Local offices shall be filled by a special election. The Local President may make a temporary appointment to any vacant local office if a request for a special election has been filed with the Elections Committee. When a delegate or alternate position becomes vacant, the Local President may appoint to fill the vacancy.

C. Vacancies in Regional Offices. When the office of Regional Director becomes vacant, and an election for that office is scheduled to be held within the same calendar year, the office shall be filled by a rotation of local presidents in ascending numerical order. Otherwise, a special election shall be held to fill the vacancy with a rotation of local presidents, in ascending numerical order, temporarily filling the vacancy.

D. Vacancies in Statewide Offices.

1. When the office of statewide President becomes vacant, the office shall be filled by automatic succession of the Vice President, and the vacancy is then in the office of Vice President.
2. When the position of statewide Vice President becomes vacant, and an election for that office is scheduled to be held later in the same calendar year, the office shall be filled by a majority vote of the Board of Directors. Otherwise, a special election shall be held to fill the vacancy. 
3. When the position of statewide Treasurer or statewide Secretary becomes vacant, the office shall be filled by either the Treasurer or Secretary who remain in office. The office then becomes that of an interim combined Secretary/Treasurer. 
4. If the Speaker becomes vacant, the remaining meet and confer chairs shall fill the position by special election.
    

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[1] Proviso – Current meet and confer chairs are deemed to have been elected.

[2] Proviso – Statewide Elections committee will reopen nominations for one week following the 2023 Delegate Assembly. 

[3] Proviso – No terms before 2023 count toward term limits. 

FINANCES

Section 1.      Audit.

The Board of Directors shall have, at least annually, an audit of MAPE's finances by a Certified Public Accountant, and shall report to the Delegate Assembly the results of such audit.
 

Section 2.      Debt.

The Board of Directors may approve short-term debt (maturing in twelve months or less) of up to six months dues and long-term debt (maturing in more than twelve months) of up to two months' dues. Borrowing in excess of these limits, not authorized by an approved budget, shall require a majority vote of the Delegate Assembly or the membership.
 

Section 3.      Reimbursements.

The members and officers of MAPE shall be reimbursed in accordance with the reimbursement policy adopted by the Board of Directors.
 

Section 4.      Disbursements.

MAPE funds shall be disbursed via the MAPE central office only by checks signed by two Statewide Officers. MAPE Locals may disburse funds via Local checking accounts in accordance with the Policy on Local checkbooks.
 

Section 5.      Undesignated Funds.

Requests for expenditures exceeding $100,000 from undesignated reserves must be submitted to the Board of Directors and posted to the MAPE website a minimum of 30 days prior to the Board meeting at which the expenditure will be voted on.
 

DELEGATE ASSEMBLY

Section 1.      Composition.

The Delegate Assembly shall consist of the members of the Board of Directors and the delegates elected by Locals.

Each Local shall be allocated one Delegate for each 75 members (with no rounding up of    fractions), with a minimum of one delegate, who shall be the Local President. Calculation of the number of delegates shall be done annually by the Vice President, using data effective February 1. The Vice President shall be responsible for completing this calculation and for notifying Locals in writing of the number of delegate positions.

Each Local may also elect ranked alternate delegates equal in number to the number of delegates allowed to that Local. The candidates for delegate with the most votes in the election are selected as delegates, up to the number of delegate spots available. The remaining candidates, up to the number of alternate spots available, are ranked alternates in order based on their vote totals. Delegates and alternate delegates must be members of the Local they are elected to represent at the time of the Delegate Assembly or Special Delegate Assembly. In electing delegates, each Local shall endeavor to ensure that the overall delegation is balanced and representative of the entire Local.

If a local president is unable to attend a Delegate Assembly, the vice president will take the president’s place as a delegate. If the local has no vice president or the vice president cannot attend, the highest ranked alternate will become a delegate. If the president leaves the Delegate Assembly and the vice president is present, the vice president will take the president’s place. If the president leaves the Delegate Assembly and the vice president is not present, the highest ranked alternate will become a delegate.

Special Delegate Assemblies shall consist of those delegates and/or alternates eligible for seating at the last-held Delegate Assembly (if they remain eligible under Articles VIII and X and have not resigned) and the Board of Directors.
 

Section 2.      Meetings.

Times and places of meetings of the Delegate Assembly shall be established by the Executive Committee. The President may call meetings other than those required by the Constitution with the concurrence of a majority of the Board of Directors or on petition of 25% of the delegates eligible for attendance to the last-held Delegate Assembly and representing no less than 80% of the Locals. The President shall be the presiding officer of the Delegate Assembly.
 

Section 3.      Credentials Committee.

The Credentials Committee shall consist of five members. Trustees shall serve on the Committee. The Committee shall elect a chair. If fewer than five Trustees are on the Committee, the President may appoint additional members to fill the vacancies. The Committee shall entertain any challenges to the credentials of any delegate or alternate and shall present its finding to the Assembly, which will render final decisions.
 

Section 4.      Funding.

For the annual Delegate Assembly, MAPE Central shall pay all costs for all delegates and for the first alternate from locals that had a balance of less than $15,000, as reported in Income/Expense Statements for July 31 of the previous year.

Locals will pay expenses of all alternates who attend special Delegate Assemblies.
 

Section 5.      Resolutions Submitted to the Delegate Assembly.

(This section does not apply to resolutions modifying a governing document.)

Before the mailing and posting of proposed resolutions to the DA, any member of the statewide Executive Committee can object by motion to the consideration of the question. If the objection motion is passed by a two-thirds vote of the Executive Committee, the resolution will be dropped, not mailed, and not posted, and the resolution’s submitter will be notified as soon as possible.

The submitter of a resolution rejected by the Executive Committee may appeal to the Board of Directors at the next Board meeting. A two-thirds vote of the Board members present and voting would sustain the Executive Committee’s action. If less than two-thirds of the Board members present and voting vote to sustain, the resolution will be posted and mailed.

NEGOTIATIONS CONVENTION

Section 1.      Purpose.

There shall be a Negotiations Convention for the purpose of establishing bargaining positions for the Unit 214 contract.
 

Section 2.      Composition.

The Negotiations Convention participants shall consist of:

A. The Executive Committee.

B. Negotiations Representatives elected during the most recent election.

If negotiations with the state are still in progress, there may be some Negotiations Representatives who were not reelected in the most recent election. These Negotiations Representatives will not be included in the Negotiations Convention.

C. At-large members of the Negotiations Committee.

D. Chairs of the statewide Meet and Confer Committees.
 

Section 3.      Meetings.

A. The time and place of the Negotiations Convention shall be established by the Executive Committee.

B. The Executive Committee will conduct a biennial review of the effectiveness of the convention.

C. The Negotiations Committee Chair(s) shall preside over the convention.
 

JUDICIAL COMMITTEE

Section 1.      Purpose.

The purpose of the Judicial Committee is to consider and respond to complaints filed under Article XIII - Judicial Procedure. All complaints for one or more violations as provided in Article XIII, Section 2 are the sole jurisdiction of the Judicial Committee. Any complaints regarding MAPE’s Governing Documents or Policies shall be subject to the Governing Documents or Policies Dispute Procedure pursuant to Article XVIII.
 

Section 2.      Term of Office.

After a complaint is properly filed (Article XIII, Section 4), the Statewide President will chair the committee. If the Statewide President is a participant in the complaint, the Statewide Vice President will become the Chair. If the Statewide President and the Statewide Vice President are both participants in the same complaint then a remaining member of the Executive Committee will become the Chair. The order of Chair selection will follow the constitutional order where Secretary follows the Vice President and Treasurer follows the Secretary. The Chair will appoint 12 additional members to the Committee who are not currently serving on the Board of Directors. Terms will expire following the rendering of the Committee’s decision or the Board of Directors’ appeal decision, whichever is later. 

Section 3.      Judicial Committee Selection

In any case coming before the Judicial Committee, the Judicial Committee Chair shall send a list of the names of the members of the Judicial Committee to the complainant and the respondent. Within 30 days thereafter, each party shall have the opportunity to delete three names from the list of Judicial Committee members, by written notification to the Judicial Committee Chair. From the names remaining, the Chair shall appoint one member of the Judicial Committee to serve as the hearing officer, who shall conduct the hearing.
 

Section 4.      Documentation of Decisions.

Decisions of the Judicial Committee shall be in writing, and shall include at least the following separate items:

1. A statement of complaint;
2. A summary of the evidence in support of the complaint;
3. A summary of the evidence in refutation of the complaint;
4. A finding of facts;
5. A conclusion of proceedings;
6. The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.
    

Section 5.      Communication of Decisions.

A copy of the decision of the Judicial Committee shall be transmitted to the complainant, the complainant counsel of record, the respondent, the respondent’s counsel of record, and each member of the Judicial Committee.
 

Section 6.      Notice.

A written communication or required notice to the Judicial Committee or any member thereof shall be sent to the Judicial Committee Chair at the MAPE Central office.
 

Section 7.      Reporting.

Each Judicial Committee shall submit a written summary of its actions to the next regular Delegate Assembly.  All Delegates shall receive a copy of the report. Such a summary shall include a listing of all cases referred to it, a description of the major issues involved, and the judgments of the Committee. The Committee report shall call attention to pertinent omissions or ambiguities in governing documents and policies and may offer recommendations.
 

Section 8.      Staff Assistance.

The Judicial Committee shall be provided with staff assistance and facilities as are necessary and appropriate to the proper functioning of the Judicial Committee in accordance with policies established by the MAPE Board of Directors.

JUDICIAL PROCEDURE

Section 1.      Filing Complaint.

Except as hereinafter provided in this Article, any member of MAPE may file a complaint against any MAPE member or individual who was a MAPE member at the time of the alleged violation(s) for one or more violations as provided in Section 2 of this Article. All complaints for one or more violations as provided in Section 2 of this Article shall be addressed solely by the procedure described herein. No penalties for any violation as provided in Section 2 of this Article shall be imposed on members, or individuals who were members at the time of the alleged violation, without a finding of guilt by the Judicial Committee, or upon appeal, the Board of Directors.
 

Section 2.      Basis for Complaint.

The following and no other shall constitute the basis for the filing of complaint:

1. Misappropriation, embezzlement, or illegal use of union funds;
2. Acting in collusion with management to the detriment of the welfare of MAPE or its membership;
3. Any activity which assists or is intended to assist a competing organization within the jurisdiction of MAPE;
4. Conviction of a crime, the nature of which is such to bring MAPE as an organization into disrepute;
5. Instituting or urging others to institute action outside MAPE against MAPE, a subordinate body, or any position holder of MAPE or of a subordinate body without first exhausting all internal remedies within MAPE, providing that the foregoing shall not apply where the action was instituted in order to prevent the loss of rights under an applicable statute of limitations and the member has diligently pursued available internal remedies;
6. Refusal or deliberate failure to carry out legally authorized decisions of the Delegate Assembly, the Statewide President, the Board of Directors, the Executive Committee, or the Judicial Committee of which the accused is a part;
7. Using the name MAPE or of any subordinate body in an unauthorized manner or for an unauthorized purpose;
8. Using MAPE membership information in an unauthorized manner or for an unauthorized purpose;
9. Deliberately interfering with any official of MAPE or of a Local or Region in the discharge of the official’s lawful duty;
10. The solicitation or acceptance of a bribe or the acceptance of a gift of more than nominal value from any employer, group of members, employee of MAPE or from any person or firm which has or is seeking to establish a business relationship with MAPE or any subordinate body.
     

Section 3.      Filing of Complaint.

A complaint against an individual shall be filed with and heard by the Judicial Committee as hereinafter provided.
 

Section 4.      Format of Complaint.

Complaints shall be in writing and shall be signed by the member or members bringing the complaint. The complaint shall be specific, citing in detail the nature, the date, and the circumstances of the alleged offense, along with the specific act or failure to act, which constitutes the alleged violation. The complaint shall be filed with the Chair of the Judicial Committee.
 

Section 5.      Notification of Complaint.

Within 15 days following the receipt of the complaint, the Chair of the Judicial Committee shall send by certified mail or electronic mail, return receipt requested, an exact and full copy of the complaint to the respondent, together with a copy of this article of the bylaws.
 

Section 6.      Recording Hearing Proceedings.

The Judicial Committee shall fix the date, time, and place for the hearing, in such manner as to afford the maximum convenience practical under all circumstances to both the respondent and the complainant. The entire proceedings will be recorded. A verbatim written record of the proceedings will be available to the respondent or the complainant, without cost, upon request.
 

Section 7.      Rights of the Respondent.

The respondent shall be guaranteed the following rights:

1. The right to receive by certified mail or electronic mail to the respondent’s current address of record with MAPE, return receipt requested, a full copy of the complaint within 15 days after they are filed;
2. The right to file a written answer to the complaint;
3. The right to a hearing within 120 days after having been notified under provisions in Article XIII, Section 7-1;
4. The right to have a least 15 days’ advance notice of the date, time, and place of the hearing;
5. The right to question the complainant and any witnesses;
6. The right to present witnesses on the respondent’s behalf;
7. The right to compel the production of union records pertinent to the case;
8. The right to choose a person to act as the respondent’s counsel in the case;
9. The right to be presumed innocent unless proven guilty;
10. The right to refuse to testify, provided, however, that this right shall not include the right to refuse to produce at the hearing any papers, books, or financial or other records which are the property of the union and which are pertinent to the case;
11. The right to appeal, in the manner hereinafter provided;
12. The right to choose either an open or closed hearing.
     

Section 8.      Rights of the Complainant.

The complainant shall be guaranteed the following rights:

1. The right to receive a copy of any written answer to the complaint that may be filed by the respondent at the time such answer is filed;
2. The right to have the initial hearing no later than 90 calendar days after the complaint was filed;
3. The right to have at least 15 days’ advance notice of the date, time, and place of the hearing;
4. The right to give personal testimony;
5. The right to present the testimony of others and cross-examine witnesses presented by the respondent;
6. The right to compel the production of union records pertinent to the cases;
7. The right to choose a person to act as the complainant’s counsel in the case;
8. The right to appeal in the manner hereinafter provided.
    

Section 9.      Obligations of the Complainant.

The complainant shall be under the following obligations:

1. To file the original complaint in sufficient detail as to afford the respondent full opportunity to prepare a defense;
2. To appear in person at the hearing;
3. To assume the burden of proof.
    

Section 10.    Penalties.

Judicial Committee may, if it finds the respondent guilty, assess penalties. Any and all penalties shall be appropriate and proportional to the nature of the violation. Assessed penalties may be any one or more of the following:

1. A formal reprimand, accompanied by a formal warning against any repetition of the act or acts of which the respondent is found guilty, a copy of which shall remain on file at the MAPE Central office for one year following the date of Committee’s decision. The formal reprimand shall be available to any member in good standing upon request to the Statewide President or Executive Director;
2. Full or partial restitution, where the consequences of the offense can be measured in material terms;
3. Removal from positions in the union at the level at which the complaint originated;
4. Suspension from the right to hold any elected or appointed position at the level at which the complaint originated for a period not to exceed four years;
5. Suspension from the right to seek or hold any elected or appointed position at any level of MAPE for a period not to exceed four years;
6. Suspension from membership for a period not to exceed four years. 
   MAPE or any Local or Region may not, during the period of such penalty, employ any individual who has been removed or suspended from office as provided above, in any capacity.
    

Section 11.    False Complaint.

If the complaint is not sustained, and the Judicial Committee is convinced that the complaint was not brought in good faith or was actuated by malice, the Judicial Committee may impose one or more of the penalties as are listed in Section 10 of this Article on the complainant as in its judgment is deemed proper under the circumstances. In any case, the party against whom the penalty is imposed shall have the right to appeal the imposition of the penalty in the manner provided for other appeals, and no such penalty shall take effect while an appeal of such penalty is pending.
 

Section 12.    Decisions of the Judicial Committee.

All decisions of the Judicial Committee must meet the standard of preponderance of evidence. A finding of guilt can only occur by an affirmative vote of a majority of the Judicial Committee. The Judicial Committee must render all decisions within 60 days following completion of the hearing, except by mutual consent of the respondent and the complainant. Such decisions shall be in writing and shall be transmitted by registered mail or electronic mail, return receipt requested, to the complainant and to the respondent simultaneously.
 

Section 13.    Appeal Procedure.

Either party may, within 30 days following receipt of the decision, file an appeal to the MAPE Board of Directors in the same manner as is provided for the filing of original complaint with such hearing body. The appeal shall be in writing, and shall be accompanied by a copy of the original complaint and of the decision being appealed. The appeal shall set forth in substance the appellant’s reasons for believing the Judicial Committee was in error and the nature of the error.
 

Appendix A: Timelines

The timeline of events for the Judicial Procedure and Judicial Committee per Article XII and XIII are as follows:

• Within 15 days after the receipt of the complaint, the Chair of the Judicial Committee shall send a copy of the complaint and this Article of the bylaws to the respondent.
• Within 30 days after the Chair sent a list of names of the Judicial Committee members, each party may delete three names from the list.
• No later than 120 days after the respondent was notified of the complaint, and no later than 90 calendar days after the complaint was filed, the initial hearing will be held.
• At least 15 days prior to the hearing, the complainant and respondent will be notified of the date, time, and place of the hearing.
• Within 60 days of the final hearing the Committee will render a decision and send a copy of their decision to the complainant, respondent, and counselors of record.
• Within 30 days following receipt of the decision, appeals may be filed with the MAPE Board of Directors.

CONTRACT RATIFICATION OR STRIKE VOTE

Section 1.      Role of Board of Directors.

The Negotiations Committee shall propose to the Board of Directors that a tentative contract be sent to the membership for a ratification vote. The Board of Directors shall then determine whether to send the tentative contract to the membership for a ratification vote. Tentative contract is defined as:

• The changed contract provisions in legislative format, inclusive of the paragraph from which the language change came, and
• A list of articles and sections of the previous contract affected by the change.

The Board of Directors will determine how the tentative contract will be provided to the membership (such as, by U.S. mail, by email, or by emailing a link to the tentative contract).
 

Section 2.      Voting for Contract Ratification or Strike.

Contract balloting shall occur after at least one informational meeting to discuss the issue is held in the affected Local(s). After the last such meeting is held, there shall be at least a seven-day period to complete balloting. Balloting shall be in accordance with Board of Directors authorized procedures. Only members will be eligible to vote. The instructions for balloting shall include the time and the date established for the counting of ballots. Any valid ballot received prior to that time and date will be counted. Any ballot received after that time and date shall be considered invalid and shall not be counted.

The mailing to the membership shall include the Negotiations Committee's recommendation, which must be either to ratify or to reject the contract, as well as the Board of Directors' recommendation, which must be either to ratify or to reject the contract. The ballot shall contain a question on whether to ratify or to reject the contract. A proposed contract can be ratified by a majority of the valid ballots cast by the membership.

If the membership does not ratify the contract, a strike is automatically authorized.

The Board of Directors may approve a tentative agreement without a member ratification vote if the tentative agreement is substantively similar to a tentative agreement previously ratified by the membership. This paragraph shall only apply in 2016, and only if the Legislature fails to approve a tentative agreement ratified by the membership.
 

Section 3.      Implementing a Strike.

A strike authorized by the membership may only be implemented upon a majority vote of the Board of Directors. If a strike has been called, it may be canceled by a majority vote of the Executive Committee that a tentative agreement with the Employer has been reached. Thereafter, a strike may again be called only after another majority vote of the Board of Directors.
 

BOARD OF TRUSTEES

Section 1.      Eligibility.

A Trustee may not self-nominate or accept nomination or appointment to any other position at any level in MAPE with two exceptions. Trustees may serve as Stewards, but not Regional Steward Directors, and on the Credentials Committee, including as chair.
 

Section 2.      Term of Office.

All terms shall be for a four-year period, except when a vacancy occurs (see Section 6). The terms shall remain staggered.
 

Section 3.      Elections.

Elections for the Board of Trustees shall be held in odd-numbered years, at the same time as statewide officer elections. Elections shall be administered by the Elections Committee and shall be governed by the governing documents and any other applicable election rules and procedures of MAPE.
 

Section 4.    Duties.

The duties of Trustees shall be limited to (1) financial matters and (2) serving on the Credentials Committee. All MAPE financial records shall be made available to the Trustees, but no records shall leave the MAPE office. A Trustee shall not review records or vote on questions about records relating to themselves.
 

Section 5.      Responsibilities.

The Board of Trustees shall elect a chair.
 

Section 6.      Vacancies.

Vacancies in the position of Trustee shall be filled using the following scenarios:

1. If the vacant position's term of office has less than one year remaining, the position will be filled by a normal election during the next annual election cycle.
2. If the vacant position's term of office has more than a year remaining, the position will be filled by a special election during the next annual election cycle.

AMENDMENTS

Section 1.      Amendments to Bylaws.

Amendments to the Bylaws of MAPE may be approved by the Delegate Assembly with a majority vote of the delegates present and voting or by two-thirds vote of the Board of Directors.
 

Section 2.      Notice of Amendment by Board of Directors.

Written notice containing copies of all proposed amendments to the bylaws must be sent electronically to the members of the Board of Directors and posted on the MAPE website at least 30 days prior to the Board of Directors meeting at which they will be considered.

Before a proposed resolution is sent to the members of the Board of Directors and posted on the MAPE website, any member of the statewide Executive Committee can object by motion to the consideration of the question. If the objection motion is passed by a two-thirds vote of the Executive Committee, the resolution will be dropped, not sent, and not posted, and the resolution’s submitter will be notified as soon as possible.

The submitter of a resolution rejected by the Executive Committee may appeal to the Board of Directors in a Board meeting. A two-thirds vote of the Board members present and voting would sustain the Executive Committee’s action. If less than two-thirds of the Board members present and voting vote to sustain, the resolution will be posted on the website and the Board of Directors will consider it after the 30-day notice period.
 

Section 3.      Notice of Amendment by Delegate Assembly.

Written notice containing copies of all proposed amendments to the Bylaws must be mailed, emailed, or made available electronically to all delegates, alternates and members of the Board of Directors and posted on the MAPE website at least 30 days prior to the Delegate Assembly at which they will be considered. Individuals submitting proposed amendments must be members when the Delegate Assembly is convened, or their amendments will not be considered.
 

Section 4.      Form.

Proposed Bylaws amendments may be further amended at the Delegate Assembly or the Board of Directors’ meeting at which they are considered. Such amendment must be germane to the original amendment, must be consistent with the intent of the original amendment, and must not create a greater change in the Bylaws than the original amendment.

PARLIAMENTARY AUTHORITY

The most recent edition of Robert's Rules of Order, Newly Revised, shall be the parliamentary authority of MAPE.

GOVERNING DOCUMENTS OR POLICIES DISPUTE PROCEDURE

Section 1.      Informal Resolution.

Members and member-leaders are human beings capable of making mistakes.  Complainants seeking redress under this section are encouraged to contact the member or member-leader who may be in violation of MAPE governing documents or policies to notify them of their concern and provide an opportunity to stop the violation going forward prior to initiating the formal procedure outlined in subsequent sections. 


Section 2.        Policy Hearing Committee.

A. Purpose.

The purpose of the Policy Hearing Committee is to consider and respond to complaints filed under this Article. All complaints for one or more violations as provided in Section 2 of this Article are the sole jurisdiction of the Policy Hearing Committee. All timelines stated herein this Article may be adjusted upon mutual agreement of the complainant, respondent, and Policy Hearing Committee Chair. Any complaint not covered by Section 2 of this Article shall be subject to the Judicial Procedure pursuant to Article XIII. 

B. Selection of the Chair.

After a complaint is properly filed pursuant to Section 2 of this Article, the Statewide President will notify the Constitutional Rules Committee. One member of the Constitutional Rules Committee, selected by a majority vote of the Committee, will become the Chair of the Policy Hearing Committee. The Chair shall serve as the hearing officer, who shall conduct the hearing. The Chair shall serve as a consultant on MAPE’s Governing Documents or Policies, and shall not be a voting member of the Committee. 

C. Policy Hearing Committee Selection.

The Chair of Policy Hearing Committee will appoint 5 additional members to the Committee, selecting among Local Presidents, on a rotating basis. The Chair of Policy Hearing Committee will make every effort to ensure the Committee is representative of the make-up of the Union.  Within 14 days of receipt of the complaint, the Policy Hearing Committee Chair shall send a list of the names of the members of the Policy Hearing Committee to the complainant and the respondent. Within 7 days thereafter, each party shall have the opportunity to delete one name from the list of Policy Hearing Committee members, except for the Chair, by written notification to the Chair. If a Policy Hearing Committee member is unable to participate in the hearing(s) due to extenuating circumstances, the Chair shall appoint a replacement member, selected among the Local Presidents, excluding any members previously deleted by the complainant or respondent. 

D. Terms of Office.

Terms of the Policy Hearing Committee will expire following the rendering of the Committee’s decision or the Board of Directors’ appeal decision, whichever is later.

E.  Documentation of Decisions.

Decisions of the Policy Hearing Committee shall be in writing, and shall include at least the following separate items:

1. A statement of complaint;
2. A summary of the evidence in support of the complaint;
3. A summary of the evidence in refutation of the complaint;
4. A finding of facts;
5. A conclusion of proceedings;
6. The assessment of a penalty, if any; or an order setting aside or modifying a previously imposed penalty.

F. Communication of Decisions.

Within 10 days of the final hearing, a copy of the decision of the Policy Hearing Committee shall be transmitted to the complainant, the complainant counsel of record, the respondent, the respondent’s counsel of record, and each member of the Policy Hearing Committee. 

G. Notice.

A written communication or required notice to the Policy Hearing Committee or any member thereof shall be sent to the Policy Hearing Committee Chair at the MAPE Central office.

H. Reporting.

Each Policy Hearing Committee shall submit a written summary of its actions to the next regular Delegate Assembly.  All Delegates shall receive a copy of the report. Such a summary shall include a listing of all cases referred to it, a description of the major issues involved, and the judgments of the Committee. The Committee report shall call attention to pertinent omissions or ambiguities in governing documents and policies and may offer recommendations. The report shall not include the names of any parties involved in complaints of discrimination and/or harassment. 

I. Staff Assistance.

The Policy Hearing Committee shall be provided with staff assistance and facilities as are necessary and appropriate to the proper functioning of the Policy Hearing Committee in accordance with policies established by the MAPE Board of Directors. 


Section 3.      Filing Complaint.

Except as hereinafter provided in this Article, any member of MAPE may file a complaint against any MAPE member or individual who was a MAPE member at the time of the alleged violation(s) for one or more violations as provided in Section 2 of this Article. All complaints for one or more violations as provided in Section 2A of this Article shall be addressed solely by the procedure described herein. No penalties for any violation as provided in Section 2A of this Article shall be imposed on members, or individuals who were members at the time of the alleged violation, without a finding of guilt by the Policy Hearing Committee, or upon appeal, the Board of Directors. 

A.      Basis for Complaint.

The basis for filing a complaint under this Article shall be a violation of any provision of MAPE’s Governing Documents or Policies or of any officially adopted and approved Governing Documents or Policies of a Local to which the member being accused is subject. No other violations shall constitute the basis for the filing of a complaint under this Article. 

B.      Format of Complaint.

Complaints shall be in writing and shall be signed by the member or members bringing the complaint. The complaint shall be specific, citing in detail the nature, the date, and the circumstances of the alleged offense, along with the specific act or failure to act, which constitutes the alleged violation. The complaint shall be filed with the Statewide President, or if the Statewide President is the respondent, the Statewide Vice President. 

C.      Notification of Complaint.

Within 14 days following the receipt of the complaint, the Chair of the Policy Hearing Committee shall send by electronic mail, return receipt requested, an exact and full copy of the complaint to the respondent, together with a copy of this Article of the bylaws. 


Section 4.      Recording Hearing Proceedings.

The Policy Hearing Committee shall fix the date, time, and place for the hearing, in such manner as to afford the maximum convenience practical under all circumstances to both the respondent and the complainant. The entire proceedings will be recorded. A digital copy of the recorded proceedings will be available to the respondent or the complainant, without cost, upon request. 


Section 5.      Rights of the Respondent.

The respondent shall be guaranteed the following rights:

1. The right to receive by electronic mail to the respondent’s current address of record with MAPE, return receipt requested, a full copy of the complaint within 14 days after they are filed;
2. The right to a hearing within 30 days after having been notified under provisions in Section 2C of this Article;
3. The right to have at least 5 days advance notice of the date, time, and place of the hearing;
4. The right to question the complainant and any witnesses;
5. The right to present witnesses on the respondent’s behalf;
6. The right to compel the production of union records pertinent to the case;
7. The right to choose a person to act as the respondent’s counsel in the case;
8. The right to be presumed innocent unless proven guilty;
9. The right to refuse to testify, provided, however, that this right shall not include the right to refuse to produce at the hearing any papers, books, or financial or other records which are the property of the union and which are pertinent to the case;
10. The right to appeal, in the manner hereinafter provided;
11. The right to choose either an open or closed hearing, except in complaints of discrimination and/or harassment. All complaints of discrimination and/or harassment shall have a closed hearing.

Section 6.      Rights of the Complainant.

Complainant shall be guaranteed the following rights:

1. The right to have the initial hearing no later than 45 calendar days after the complaint was filed;
2. The right to have at least 5 days advance notice of the date, time, and place of the hearing;
3. The right to give personal testimony;
4. The right to present witnesses testimony pertinent to the alleged violation(s) ;
5. The right to question witnesses presented by the respondent;
6. The right to compel the production of union records pertinent to the cases;
7. The right to choose a person to act as the complainant’s counsel in the case;
8. The right to appeal in the manner hereinafter provided.

Section 7.      Obligations of the Complainant.

The complainant shall be under the following obligations:

1. To file the original complaint in sufficient detail as to afford the respondent full opportunity to prepare a defense;
2. To appear in person at the hearing;
3. To assume the burden of proof.

Section 8.    Penalties.

The Policy Hearing Committee may, if it finds the respondent guilty, assess penalties. Any and all penalties shall be appropriate and proportional to the nature of the violation. Assessed penalties shall be limited to those dictated by the provision of MAPE’s Governing Documents or Policies that was violated. Where the provision of MAPE’s Governing Documents or Policies does not dictate penalties, the penalties may be any one or more of the following:

1. A formal reprimand, accompanied by a formal warning against any repetition of the act or acts of which the respondent is found guilty, a copy of which shall remain on file at the MAPE Central office for one year following the date of Committee’s decision. The formal reprimand shall be available to any member in good standing upon request to the Statewide President or Executive Director;
2. Full or partial restitution, where the consequences of the offense can be measured in material terms;
3. Removal from positions in the union at the level at which the complaint originated;
4. Suspension from the right to hold any elected or appointed position at the level at which the complaint originated for a period not to exceed two years;
5. Suspension from the right to seek or hold any elected or appointed position at any level of MAPE for a period not to exceed two years;

MAPE or any Local or Region may not, during the period of such penalty, employ any individual who has been removed or suspended from office as provided above, in any capacity.

Section 9.    Decisions of the Policy Hearing Committee.

All decisions of the Policy Hearing Committee must meet the standard of preponderance of evidence. A finding of guilt can only occur by an affirmative vote of a majority of the Policy Hearing Committee. The Policy Hearing Committee must render all decisions within 10 days following completion of the hearing, except by mutual consent of the respondent and the complainant. Such decisions shall be in writing and shall be transmitted by electronic mail, return receipt requested, to the complainant and to the respondent simultaneously. 

Section 10.    Appeal Procedure.

Either party may, within 14 days following receipt of the decision, file an appeal to the MAPE Board of Directors in the same manner as is provided for the filing of original complaint. The appeal shall be in writing, and shall be accompanied by a copy of the original complaint and of the decision being appealed. The appeal shall set forth in substance the appellant’s reasons for believing the Policy Hearing Committee was in error and the nature of the error. The complainant, respondent, and the Policy Hearing Committee shall have the right to present to the Board of Directions at the time the appeal is heard by the Board.

Appendix A.     Procedure Timeline.

Pursuant to Section 1A of Article XVIII, all timelines may be adjusted upon mutual agreement of the complainant, respondent, and Policy Hearing Committee Chair. Notwithstanding, the timeline of events are as follows:

• Within 14 days after the receipt of the complaint, the Policy Hearing Committee Chair shall:
  • Send a copy of the complaint and this Article of the bylaws to the complainant and respondent.
  • Send a list of names of the Policy Hearing Committee members to the complainant and respondent.
• Within 7 days after the Chair sent a list of names of the Policy Hearing Committee members, each party may delete one name from the list.
• No later than 30 days after the respondent was notified of the complaint, and no later than 45 calendar days after the complaint was filed, the initial hearing will be held.
• At least 5 days prior to the hearing, the complainant and respondent will be notified of the date, time, and place of the hearing.
• Within 10 days of the final hearing the Committee will render a decision and send a copy of their decision to the complainant, respondent, and counselors of record.
• Within 14 days following receipt of the decision, appeals may be filed with the MAPE Board of Directors.

Nothing in this Appendix shall supersede Article XVIII - Governing Documents or Policies Dispute Procedure.