Massachusetts State College Association
Constitution and Bylaws
(Revised 1990, 1991, 1994, 2002)
Article I. Name of Association
The name of the Association shall be the Salem Chapter, Massachusetts State College Association; hereinafter referred to as the Salem Chapter/MSCA.
Article II. Objectives
The purpose of the Salem Chapter/MSCA is to administer the terms of contractual agreements between MSCA and the Board of Higher Education (BHE). In addition, it shall deliberate and promulgate the views of the membership regarding academic and professional matters.
Article III. Membership
Section 1. Active Members
Active members, hereinafter referred to as the member(s) or the membership, are those who meet the following requirements:
A. Are engaged in work of a professional nature in the field of education at Salem State College.
B. Are included in the Salem State College bargaining units as defined by the Massachusetts Labor Relations Commission.
C. Hold membership in the Salem Chapter/MSCA and pay local annual dues prior to voting in the annual election.
D. Hold membership in good standing in the Massachusetts State College Association and its affiliates.
Section 2. Retired Members
Retired members are those former active members who upon retirement, apply to the
Executive Committee of the Salem Chapter/MSCA for retirement status and are so recognized
by the Executive Committee.
Section 3. Associate Members
Associate Members are those members of the teaching faculty at Salem State College who
are not as yet members of the bargaining unit who apply to the Executive Committee of the
Salem Chapter/MSCA for Associate Member status and are so recognized by the Executive
Committee. Associate members shall receive all chapter correspondence and may attend
Section 4. Voting Privileges
Only members as defined in Article III, Section 1 shall have the privilege of voting and holding
office in the Chapter. Each member, whether full-time or part-time, shall be entitled to one
vote in each chapter election.
Section 5. Membership Year
The membership year shall be from the beginning of the first summer session to the end of the
spring semester of the following year.
Article IV. Officers
Section 1. Titles of Officers
The officers of the Chapter shall be President, Vice President, Secretary and Treasurer.
Section 2. Duties of Officers
A. The President
- The President shall convene and preside over meetings of the Executive Committee and of the membership.
- The President shall be the Executive Officer responsible for conducting the affairs of the Chapter, for carrying out the policies of the Chapter as determined by the Executive Committee, and for performing all other functions usually attributed to this office.
B. The Vice President
- The Vice President shall perform all functions usually attributed to that office and all other functions assigned by the Executive Committee.
- The Vice President shall, in the absence of the President, preside at meetings of the Executive Committee and at general meetings of the membership.
- The Vice President shall meet regularly with Chapter Committee Chair persons to discuss committee activities.
- The Vice President shall oversee the preparation of committee progress reports for the Chapter.
C. The Secretary
- The Secretary shall maintain official files and shall assist the President with Chapter correspondence.
- The Secretary shall, via bulletin or other appropriate means, keep the members informed of the activities of the Chapter, and of the dates, places and the agenda of future meetings.
- The Secretary shall keep minutes of all meetings of the Executive Committee and of all meetings of the membership.
- The Secretary shall distribute the minutes of General Membership meetings to the members at least forty-eight (48) hours before the next scheduled regular meeting.
- The Secretary shall distribute the approved minutes of the Executive Committee to all regular members of the Chapter.
D. The Treasurer
- The Treasurer shall hold the funds of the Chapter and disburse them in accordance with the authorization of the Executive Committee.
- The Treasurer shall maintain a roll of the Chapter members and maintain an updated report for the MSCA.
- The Treasurer shall keep account of receipts and disbursements of funds.
- The Treasurer shall prepare an annual financial statement for publication to the membership.
- The Treasurer shall keep the President and the Executive Committee informed as to the financial condition of the Chapter and assist the Executive Committee in the drafting of the annual budget.
The Treasurer shall be bonded.
Section 3. Term of Office
All officers shall serve for two years, and may stand for re-election.
Section 4. Nominations
Nominations for Officers and any other position specified in this Constitution, which require election by the membership of the Chapter, shall occur at a special meeting of the Chapter on or about March 15th in years when there is a general election and as provided in Article VI, Section 4.
Section 5. General Elections
General elections for position of Officers and any other position in this Constitution which require election by the membership of the Chapter, will be held after the Special Meeting for Nominations. The general election will be conducted by the Election Committee in accordance with the Salem Chapter/MSCA Election Rules.
Section 6. New Officers
Election results shall be made known at the general meeting on or about the last day of spring semester classes following the election, as provided in Article VI, Section 2. All officers-elect shall assume office at the end of this meeting.
Section 7. Vacancy
A vacancy in any office shall be filled for the un-expired portion of the term within one calendar month of notice by the Executive Committee of such vacancy. The membership of the Chapter shall fill the vacancy in a special election.
Section 8. Recall
An officer may be recalled by a two-thirds (2/3) vote of the total chapter membership in a special recall election. A proposal to recall shall be subject to a special meeting called for such purpose as provided in Article VI, Section 3. The chairperson of the Nominations Committee shall preside during consideration of the recall proposal.
Article V. Executive Committee
Section 1. Executive Committee Membership
The Executive Committee shall consist of the officers of the Salem Chapter/MSCA as defined in Article IV, the MSCA Board of Directors Chapter member as defined in Article VII, and fourteen (14) Academic Areas and at-large Representatives elected as follows:
A. Two (2) members elected from and by each of the (4) Academic Areas (as listed in Appendix A) with no more than one member from any department.
B. Six (6) at-large members elected from and by the membership with no more than one from any department.
C. All Executive Committee Representatives must be members of the Chapter.
D. In the event that new academic departments of additional classifications of personnel become eligible for membership in the Chapter, such departments or personnel classification will be incorporated into one of the existing Academic Areas. Such classifications shall be determined by the Executive Committee.
Section 2. Election of Representatives to the Executive Committee
A. The election of Executive Committee Representatives shall take place at the time of the general elections.
B. Executive Committee Representatives shall serve for two (2) years and may stand for re-election.
C. The election shall be conducted by the Election Committee.
D. All Executive Committee Representatives-Elect shall assume office at the same time as the Officers-Elect.
Section 3. Recall
Any Academic Area Representative may be recalled by a two-thirds (2/3) vote of the Academic Area membership in a special recall election. Any At-Large Representative may be recalled by a two-thirds (2/3) vote of the Chapter membership in a special recall election.
A proposal to recall shall be subject to a special meeting called for such purpose as provided in Article VI, Section 3. The chairperson of the Nominations Committee shall preside during consideration of the recall proposal.
Section 4. Vacancy
Vacancy of a Representative on the Executive Committee shall be filled for the un-expired portion of the term with one calendar month of notice by the Executive Committee of such vacancy.
A. Academic Area Representative: The membership of the appropriate area shall fill the vacancy in a special election.
B. At-Large Representative: The membership of the Chapter shall fill the vacancy in a special election.
Section 5. Duties of the Executive Committee
A. The Executive Committee shall act as the policy-making authority of the Chapter.
B. The Executive Committee shall establish policies and shall carry out other duties of the Chapter and MSCA as follows:
- It shall report its transactions to the membership by the issuance of Minutes.
- It shall adopt an annual budget for the operation of the Chapter and shall have the accounts periodically compiled by an outside accountant.
- It shall employ such staff as required for the efficient management of the Chapter and adopt personnel policies for the staff.
- The Executive Committee will appoint members to all contract and standing committees except as provided in Article VIII, Section 8. If, following adequate notice, a quorum of the Executive Board is not reached, the President may make such appointments.
- Through the office of the Vice President it shall maintain liaison with committees and define procedural policies governing Chapter committee work and reports.
- Whenever a majority of the Executive Committee agrees that one of the Representatives is incapacitated or has been negligent in his duties as defined in these Bylaws, the Executive Committee shall declare the seat vacant. The Election Committee shall conduct a special election for the appropriate academic area or for the membership to fill the un-expired term.
Article VI. Meetings
Section 1. Executive Committee Meetings
A. The Executive Committee shall meet at least once a month during the academic year. Special meetings of the Executive Committee may be called by the President or upon written request to the President by at least three (3) members of the Executive Committee. Executive Committee meetings are open to all Chapter members and to guests of the Executive Committee.
B. The President shall prepare an agenda for each meeting and the Secretary shall distribute copies to all members of the Executive Committee in a timely manner.
Section 2. General Membership Meetings
A. There shall be at least one General Membership meeting during each semester of the academic year. The date and place of such meetings shall be determined by the President. In years when there is a general election, the Spring Semester General Membership meeting shall be on or about the last day of spring semester classes. The agenda of this meeting shall include the annual report of the Executive Committee, the results of the general election, and the installation of the new Officers and Executive Committee members. The installation shall follow immediately upon receipt of the election results.
B. The President shall prepare an agenda for each meeting and the Secretary shall distribute copies to all members one week prior to the meeting.
Section 3. Special Membership Meetings
Special meetings of the membership may be convened by the President, the Executive Committee, or upon written request to the Executive Committee of not less than fifteen percent (15%) of the members of the Chapter. Adequate notification of such meetings, including time, place, and purpose, shall be distributed in writing by the Secretary to each member. The special meeting shall be confined to the purpose so stated.
Section 4. Special Meeting for Nominations for the General Election
In years when there is a general election, a special meeting of all members shall be held on or about March 15th for the purpose of receiving from the Nomination Committee a list of candidates for all positions open for election as provided in Article VIII. Positions shall include but not be limited to Officers of the Chapter, Representatives to the Executive Committee, members of the MSCA Board of Directors, and Representatives to the MSCA Delegate Assembly.
Any Chapter member may nominate any other Chapter member or him/herself at this meeting. The Chapter members present shall then approve the names of the nominees for the general election ballot. The quorum rule shall not apply during the special nominations meeting.
Section 5. Membership Meeting Attendance
All membership meetings, special or otherwise, shall be restricted to members of the Salem Chapter/MSCA, to persons present at the invitation of the President, or to any non-Chapter member by vote of the membership present.
Section 6. Date of Special Meetings
Whenever a meeting is called by petition of the general membership, it shall take place within five (5) academic days of the time specified in the petition. If no time is specified, the meeting shall take place within ten (10) academic days of receipt of the petition.
Section 7. Quorum
A. A majority of the Executive Committee shall constitute a quorum for conducting the business of the Executive Committee.
B. One-eighth (1/8) of the membership shall constitute a quorum for conducting Chapter business, exclusive of the meeting for nominations.
Article VII. Representation in the Massachusetts State College Association (MSCA)
Section 1. The Delegate Assembly/MSCA
The Chapter membership shall elect from among its members, the appropriate number of delegates to represent it at the Delegate Assembly of the MSCA. Delegates shall serve for one (1) year, commencing after the installation of the new officers. The Delegates shall be
elected at the time of the general election. The election shall be conducted by the Election Committee.
Section 2. The Board of Directors/MSCA
The President of the Chapter shall serve, ex-officio, as a member of the Board of Directors of the MSCA. The members shall elect a second director from among regular Chapter membership for a two (2) year term, commencing after the installation of the new officers. The second MSCA Board of Directors chapter member shall be elected at the time of the general election. The election shall be conducted by the Election Committee.
Section 3. Nominations for Membership on MSCA Committees
The President of the Chapter shall nominate, from among the members of the Chapter, and the Executive Committee shall approve of the nominee and an alternate, if any, before the nomination is forwarded to the MSCA Board of Directors for its selection of individuals to serve on any committee or designated group that requires representation from MSCA Chapters.
Section 4. Delegates to Parent Affiliations
Delegates to parent affiliations of the MSCA shall be selected in a manner consistent with procedures by those affiliations.
Article VIII. Salem Chapter Committee Structure
Section 1. Nomination Committee
The Nomination Committee shall be composed of three (3) Chapter members.
A. In years there is a general election, the Nomination Committee shall prepare a list of candidates for all positions open for Election. This list of candidates shall be presented to the membership at the Special Meeting for Nominations which will be held on or about March 15th.
B. The Nomination Committee shall also prepare a list of candidates for any special election, contract committee, or vacancy that may arise from time to time. This list shall be presented to the membership at a special meeting.
C. The Nomination Committee shall notify all those who are eligible for nomination to the various open positions.
D. Nominations shall be accepted in the following way:
- All eligible nominees will be accepted and placed on the ballot.
- Additional nominees shall be placed on the ballot in accordance with the procedures established for the Special Meeting for Nominations.
Section 2. Constitution and Bylaws Committee
The Bylaws Committee shall consist of five (5) Chapter members. It shall propose amendments to the Constitution or Bylaws and submit them to the membership for approval as provided in Article X.
Section 3. Election Committee
The Election Committee shall consist of five (5) Chapter members, none of who are members of the Executive Committee of the Salem Chapter/MSCA or candidates for office. It shall conduct the general elections, any special elections, and referenda. All voting shall be by secret ballot. The Election Committee shall use the principle of plurality in determining all election results.
Section 4. Grievance Procedure
Grievances will be administered according to the procedures set forth in the Agreement between the Board of Higher Education and the Massachusetts Teachers Association/NEA. The President may appoint a designated Grievance Officer who would serve at the will of the President; the Grievance Officer may serve as a non-voting member of the Executive Committee. Pursuant to the terms and conditions of the Agreement between the Board of Higher Education and the Massachusetts Teachers Association, the Grievance Officer will submit a regular report to the Executive Committee.
Section 5. Political Action Committee
The Political Action Committee shall consist of a minimum of five (5) Chapter members and as many additional members as deemed necessary by the Executive Committee.
The Political Action Committee shall serve as a reservoir and source of information on national and state legislation affecting public higher education and shall recommend appropriate action to the Executive Committee. At the direction of the Executive Committee, it shall endeavor to seek legislation of benefit to the State Colleges of the Commonwealth. Further, at the direction of the Executive Committee, the Chairperson of the Political Action Committee may be named as a spokesperson for the Salem Chapter and therefore, be responsible for maintaining communications between the Chapter and the public media.
Section 6. Special Committees
The Executive Committee shall appoint such other special committees and fill any un-expired term on such committees as may be necessary from time to time, and shall discharge them upon completion of their duties or upon completion of the Executive Committee’s term of office. If, following adequate notice, a quorum of the Executive Committee is not reached, the President may make such appointments.
Section 7. Membership on Committees
The President will nominate the members of all committees in this Article, exclusive of Section 8 of this Article, from the members of the Chapter subject to the approval of the Executive Committee.
Section 8. Chairpeople of Committees
The members of each committee in this Article will elect a chairperson of the committee at the first meeting of the committee.
Section 9. Term of Membership on Committees
With the exception of Special Committees, the term of membership on committees in this Article will be two (2) years commencing in September of the year of the general elections.
Article IX. Rules and Procedures
Section 1. Procedural Rules
The current edition of Roberts Rules of Order, Newly Revised shall govern the Chapter procedures in all cases to which they are applicable and in which they are not inconsistent with the Constitution and Bylaws of the Salem Chapter/MSCA, or with any special rules of order the Chapter may adopt.
Section 2. Conformity with MSCA Constitution and Bylaws
The Constitution and Bylaws of the Salem Chapter/MSCA shall be in conformity with the MSCA Constitution and Bylaws.
Article X. Amendment Process
Approval of a proposed amendment to this Constitution or Bylaws shall require either:
A. A two-thirds (2/3) vote of those present and voting at two consecutive general meetings, or,
B. A majority vote of the members present and voting at a meeting followed by submission to a referendum vote and approval of a majority of those voting.
I. Election Rules
A. The time(s), place(s), and procedure for balloting for all elections and referenda shall be determined by the Election Committee and announced to the members at least one week before balloting is to take place.
Absentee Ballots must be requested in writing from the Chairperson of the Election Committee c/o the MSCA Chapter Office. This request must be made and received by the Chairperson of the Election Committee no later than three (3) working days prior to the election. The Chairperson of the Election Committee or a designee will issue an absentee ballot after determining eligibility of the applicant.
The ballot must be received by the Chairperson of the Election Committee no later than twenty-four (24) hours prior to the opening of the polls. The Chairperson shall receive all absentee ballots at the MSCA Chapter Office.
The Election Chairperson shall be responsible for attending to the master rosters prior to polling, so that the ballots are included and the members voting by absentee ballot are tallied correctly.
B. Ballots shall be prepared by the Committee and voting for elective positions shall be done on a single ballot. Nominees shall be listed by department. Write-in ballots will not be allowed for any office.
C. The name of any nominee shall remain on the ballot and the candidacy deemed officially binding unless written notice of withdrawal is presented, one copy to the Committee Chairperson and one to the Secretary, at least forty-eight (48) hours prior to the beginning of polling at the earliest opening ballot site.
D. The Treasurer shall provide the Election Committee Chairperson with two copies of a master roster of all voting members listed by department, full-time or part-time status, and agency fee status.
E. If central ballot boxes are used, the following procedures shall be followed:
- A minimum of two clerks, Committee members or authorized monitors shall be present at all times while the polls are open.
- Voters shall be checked off twice on the master rosters provided, initially when receiving a ballot and again when placing their completed ballot in the ballot box.
- The voter shall place the folded ballot in the ballot box.
- Before the returns are counted, all ballot boxes and unused ballots shall be gathered at a central tabulation center designated by the Committee Chairperson. If the transport of ballot boxes and unused ballots is necessary, their custody shall reside in at least one Committee member and another member or monitor names by the Committee Chairperson.
- Before transport, all ballot boxes are to be sealed by the transporting Committee member(s) and kept in that state until they have arrived at the tabulation center and the tabulation process has begun.
- If any ballot shall be challenged at the time of voting due to question of status or eligibility, it shall be placed in a sealed envelope on which the voter has placed his/her name and pertinent information including department and full or part-time status. These envelopes shall be included in the sealed box at the close of the polling place. The Chairperson of the Election Committee shall be responsible for verifying the eligibility of all challenged ballots.
F. No one but Committee members, and monitors, if they are requested by the Committee Chairperson, shall do any portion of the work involved in counting.
G. A candidate of his/her representative may be present as a quiet observer during the counting and tallying of ballots. Aside from such individuals, only Committee members, or requested monitors (Section 7) may be present.
H. One or more blank spaces on a ballot shall not in any way affect the validity of the space(s) marked. Each marked space shall be counted as a legal vote or choice; in this case, only the particular section of the ballot containing too may marks shall be voided. All properly marked sections of the ballot shall be counted as valid.
I. If it is found that two or more marked ballots are folded together, each of these ballots shall be declared void.
J. No vote shall be credited from a voided portion of a ballot or from a voided ballot.
K. The number of votes for each candidate or choice shall be tallied and the winner(s) determined by plurality of the votes cast.
L. The Committee Chairperson shall report all of the results of the election or referendum to the President and Secretary within twenty-four (24) hours after the close of voting and shall also announce the list of winners. The record of the vote count and the voting materials should be kept for the duration of the term in the Chapter’s Office.
M. The Committee Chairperson shall accept complaints of any alleged violations of election rules or challenges to the results of the election from any Chapter member. Any such complaints shall be submitted in writing and in duplicate to the Chairperson of the Election Committee within forty-eight (48) hours of the close of polling. No complaint shall be accepted by the MSCA or its officers unless proper procedure is followed.
N. Upon receipt of any complaint or challenge made under the provisions of Rule 13, the Committee Chairperson shall confer with the Committee and submit a written report to the President which shall include an assessment of the validity of the complaint.
II. Voter Eligibility
A. Salem Chapter Offices
Only members in good standing of the Salem Chapter may vote for the following offices or issues:
- President, Vice President, Secretary, Treasurer, MSCA Director
- Members of the Executive Committee
- Delegates to the MSCA Delegate Assembly
- Delegates to the MTA Annual Meeting
- Changes to the Salem Chapter Constitution and Bylaws
(Thus, full-time and part-time members of the Salem Chapter may vote. Agency fee payers and members whose dues are in arrears may not vote for the offices or on issues listed above. Members on unpaid leave of absence do not pay dues and thus, may not vote.)
B. Committee Elections Covered Under the 2001-2003 MTA/BHE Agreement (“under the auspices of the Association”)
- Committees mentioned in Article VII (Contract Committees) are elected by the Executive Committee of the Salem Chapter per procedure outlined in Appendix A.
- The Committee on Promotions (Article VIII) must be elected at-large by full-time unit members. Thus, no part-time member may vote for the Committee on Promotions, but full-time agency fee payers and members whose dues are in arrears must be allowed to vote. Members on leave, paid or unpaid, cannot vote (Article IV, Section J).
- Eligibility for these elections is determined by the MTA/BHE Agreement and can be modified only through the bargaining process.
C. Contract Ratification
All members of the unit covered by the proposed Agreement must be allowed to vote; absentee balloting is NOT permitted. Please see the current ratification voting instructions in Appendix B. [Rules governing contract ratification are established by statute (GLC 150E) and cannot be modified by the chapter.]
Salem Chapter/MSCA Committee Appointment Procedures
(adopted April 16, 1966/revised November 6, 1997 & March 25, 1999)
I. General Principles
All possible steps should be taken to maximize participation in governance by faculty and librarians. Committee appointments, especially to contract committees, should represent as diverse a group of members as possible. In particular, a balance among departments and between junior and senior faculty should be a goal.
II. Contract Committees (All-College, Curriculum, Academic Policies, Student Affairs, and
Graduate Education Council)
A. No member may be appointed to more than one contract committee in a given academic year.
B. No more than one member from any academic department may be appointed to any given contract committee.
C. The sixteen (16) seats on the Curriculum and Academic Policies Committees shall be allocated evenly among the four (4) academic areas as redistributed (see VI below).
D. The five (5) seats on the Graduate Education Council shall be allocated as follows: One (1) seat to be held by a member of the graduate faculty from each School (Arts & Sciences, Business and Human Services) and two (2) seats to remain at-large held by members of the graduate faculty.
E. The eight (8) seats on the All-College Committee shall be allocated as follows: one (1) seat to be held by a member of each of the four (4) Academic Areas and four (4) seats to remain at-large.
III. For Non-Contract, Special and Ad Hoc Committees
Consideration should be given not only to the composition of the committee, but how many committee appointments an individual member currently holds. Greater effort should be made to appoint members not already appointed to committees.
A. Whenever practicable, all committee appointments should be posted for the general membership’s nomination.
B. When nominations have been solicited for committee service at the expiration of the committee terms (one-year for contract committees, two-years for non-contract committees), any remaining vacancies should be re-posted early in the fall for additional nominations from newly hired members and those returning from leaves of absence.
C. After this second posting, the chapter president is authorized to fill any remaining vacancies in accordance with these procedures.
D. Whenever practicable, vacancies that arise on committees, should be posted for the general membership’s nomination. When this is not practicable, the chapter president shall be authorized to fill vacancies as soon as possible.
V. Sabbatical and Unpaid Leaves of Absence
A. Members on a paid or unpaid leave of absence may not be appointed to any committee during the academic year or years of their leaves. An exception shall be to fill vacancies which arise after the member has returned from leave.
B. Members appointed to complete any committee term shall finish the term.
VI. Distribution of Departments
In an effort to equalize the representation of faculty and librarians on the Curriculum and Academic Policies Committees, the following redistribution of departments was adopted:
Academic Area A
Chemistry and Physics
Academic Area B
Theater & Speech
Academic Area C
Sports, Fitness & Leisure Studies
Academic Area D
Accounting & Finance
Contract Ratification Voting Instructions
(From the General Laws of the Commonwealth)
A. All members of the particular unit (Day or DGCE) are eligible to vote. Day unit members are full-time, part-time (with three (3) consecutive semesters), and temporary full-time. DGCE unit members are all those who teach a credit course in DGCE. Agency fee payers, union members and those in dues non-compliance are eligible to vote. Any unit member on a leave of absence, paid or unpaid, is eligible to vote.
B. No absentee ballots will be allowed.
A. Secure a ballot box
B. Prepare a voting list of eligible unit members.
C. Count the ballots to verify the number of ballots sent to the Chapter.
D. When a unit member arrives at the polling area, strike his/her name from the list and give him/her a ballot.
E. The voting time must be uniform statewide and will be set by the MSCA Bargaining Committee. At the end of voting, please secure the ballot box with tape or a lock and sign it. Inside the ballot box should be the voters’ list, the ballots cast and unused ballots.
F. The ballot box will be delivered according to statewide procedures. Ballots are typically tallied statewide as well.
III. Challenged Ballots
If a unit member’s name is not on the voting list and there is no way of determining his/her unit status, then challenge the ballot. The procedure to challenge is:
A. Allow the person to vote.
B. Place the ballot in an envelope.
C. On the envelope list the person’s name, the reason for the challenge, and who made the challenge.
D. Place the envelope in the ballot box.
E. Challenged ballots will be considered only if they affect the outcome of the election.