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District Imposed Paid Administrative Leave Process

A teacher is put on paid administrative leave by the district when a child reports or and adult witnesses any form of child abuse. The case is turned over to the police (or sheriff) to investigate. The teacher is kept on leave until the outcome of the investigation is complete. This process is in place for the protection of both the teacher and the district. If the investigation shows a crime has been committed, it is forwarded to the District Attorney's office for review. The teacher remains on paid administrative leave until there is a decision from the District Attorney's office.

If the case is forwarded to the District Attorney's office, the union advises the teacher to hire a criminal attorney. We have a law firm that we recommend, but the teacher is free to hire whoever s/he wishes. The attorney is paid for by the teacher. At the same time, the union notifies our liability insurance carrier that there is a case pending which opens a file for the teacher. At the conclusion of the case, the union, in consultation with the teacher, submits a detailed account of the case to the carrier. They then investigate it and reimburse the teacher for the costs incurred for legal council.

The attorneys that the union has on retainer advise us on legal matters that pertain to working conditions and labor law. They are not accessible to members unless the union gives permission. We consult with them on discipline issues and other situations that arise that affect our members. The attorneys have consistently directed members to retain criminal attorneys when they are accused of issues that have been forwarded to the police. Our attorneys are labor attorneys, familiar with the CA Education Code and Labor Law, and, therefore, do not consider themselves knowledgeable enough to defend against Criminal charges.

Executive Board Policy

Access to Agenda

When a member wishes an item to be placed on the Executive Board Agenda s/he shall follow the following procedure:

1. Contact the Executive Board Vice President that represents their site/ job description (the President or Secretary can also be contacted directly)
2. Send a written outline of the presentation to the contact person
3. The item shall be placed on the next Executive Board agenda under New Business with a 10 minute time limit.
4. If further discussion with the group is needed, the group will meet with their representative on the board, or a group of board members to further discuss and resolve the issue.
5. The issue will then be brought back to the next Executive Board meeting for resolution.

When a member wishes an item to be placed on the General Membership Agenda , s/he can call the PVFT office one week before the meeting to request that it be placed on the following meeting's agenda, or the member can request an item be added to the agenda under New Business at the beginning of the General Membership meet.

Controversial Issues

When an issue arises that appears to be controversial in nature, whether it be districted related, community based, or a political issue, before the leadership takes a public position the Executive Board shall direct the President to have all site Building Representatives survey their staffs and report their results back to the PVFT office within one week of the request. If 60% of all those voting support the survey position, they will determine the official union position on that issue. If the results of this survey have less than 60% of the votes supporting the position, then the Executive Board shall review the results of the survey and determine the union position by a majority vote. In either case the union membership shall then be notified that this decision will be the official PVFT position on that particular issue. The results of the district-wide survey shall be available to any member wishing to see them, and will be posted on the PVFT web site. There will be no appeal process to this policy.

Approved May 10, 2004 by general membership

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Bylaws of the Pajaro Valley Federation of Teachers
LOCAL 1936 OF THE CFT, AFT, AFL-CIO

Article I - NAME

This organization shall be known as the Pajaro Valley Federation of Teachers, Local 1936. It is referred to as "the Local" below.

Article II - AFFILIATION

The Local shall affiliate with the American Federation of Teachers, AFL-CIO; the California Federation of Teachers, AFL-CIO; the California Labor Federation; and the Monterey Bay Central Labor Council.

Article III - PURPOSE

The objectives of the Local shall be:

1. to be recognized as the exclusive bargaining agent for teachers in the process of collective bargaining,
2. to organize the teachers of the Pajaro Valley Unified School District,
3. to obtain for teachers all the rights and benefits to which they are entitled,
4. to raise the standards of the teaching profession,
5. to secure conditions essential to the best professional service, and
6. to promote such democratization of the schools and District as will enable them better to equip their students to take their places in the economic, social, and political life of the community.

Article IV - MEMBERSHIP

Membership in this organization shall be open to all non-administrative certificated employees of the Pajaro Valley Unified School District. No qualifications for membership that limits membership to anyone on the basis of race, sex, creed, political belief or affiliation shall be established.

Teachers not employed by the Pajaro Valley Unified School District may become members-at-large or establish a chapter appendant to the Local, where no other local exercises jurisdiction.

Only members in good standing for at least six months, or members from date of hire if less than six months shall be eligible to ratify any contract.

Those who pay agency fee are not members and do not have the right to vote on any union issue, ratify contracts, run for office, act as building representatives, access liability insurance, access legal representation by the Local and do not have access to other American Federation of Teachers or California Federation of Teacher benefits.

Article V - OFFICERS

Section One: Elected Officers

Officers for this organization shall be President, Treasurer, Secretary, and Vice Presidents representing the following divisions: three (3) Elementary/intermediate-one representing each zone, three (3) Middle school-one per zone, one (1) representative for each High school, one (1) Alternative Education as recognized by the district, Adult Education, and Special Services.

Section Two: Nominations

Nominations for upcoming open offices of the Local shall be made by petition signed by five (5) members, or form the floor of the general meeting for the month of February of each year.

Section Three: Election

Election of one-half (1/2) of the officers shall take place during two weeks in March of each year by ballots mailed to the Local membership. Elections shall be by majority vote of ballots returned.

Section Four: Term of Office

All elected officers shall serve for a term of two years, starting April 1 of the year in which they are elected.

Section Five: Duties

1. The President shall
   1. Carry out the policies of the Executive Board.
   2. Preside over meetings of the Local and of the Executive Board.
   3. Coordinate the organization of and formulate programs for the Local.
   4. Hire and oversee the work of any staff necessary to maintain the proper functioning of the Local office.
   5. Liaison with California Federation of Teachers and American Federation of Teachers.
   6. Conduct comprehensive site visits per semester.
   7. Meet regularly with Human Resources, Financial offices, the District Superintendent and any other district personnel necessary to the Local's interest.
   8. Be available to intervene with administration on behalf of members of the Bargaining Unit.
   9. Serve on district committees.
   10. Not reach a negotiated agreement with any part of the District without Executive Board consent.
   11. Work his or her district-contracted days and be paid his or her district salary for those days.
2. The Vice-Presidents shall
   1. Attend Executive Board meetings.
   2. Attend the beginning of the year planning session, which takes place at the end of summer.
   3. Share attendance responsibilities at general membership meetings with other vice-presidents of their divisions.
   4. Chair or sit on at least one of the Local's committees.
   5. Plan and host three special interest meetings for their division and report back to the executive board on the division's specific needs and wants. The second shall be following winter break for mid-year check-in. The last shall be at least two weeks prior to the end of the school year to make plans for the next year.
   6. Take turns attending school Board meetings.
   7. Receive a stipend and/or release time.
   8. Be allowed to serve as co-vice president for any division and share responsibilities.
3. The Treasurer shall:
   1. Receive, record, and deposit all dues moneys and other income in the name of the Local.
   2. Balance and reconcile Local's checkbook.
   3. Make summary report monthly to the Executive Board.
   4. Make biannual full reports to the general membership.
   5. Maintain the following files: membership, bank statements, monthly bills and yearly books.
   6. Transmit per capita payments on a monthly basis to the American Federation of Teachers and California Federation of Teachers.
   7. Provide quarterly financial reports to be filed with California Federation of Teachers.
   8. Arrange for an independent audit of the finances of the Local annually and make results available to the Executive Board, California Federation of Teachers, American Federation of Teachers and the general membership.
   9. File and pay all approved reimbursement forms.
   10. Receive a stipend approved by the Executive Board.
   11. Chair the Budget Committee for the Local.
4. The Secretary shall
   1. Record and keep accurate minutes of the membership and the Executive Board.
   2. Attend School Board meetings in the President's absence.
   3. Work with the Treasurer to maintain an accurate and up-to-date membership and contact lists.
   4. Arrange for snacks, set up and clean up of all meetings.
   5. Be responsible for agency fee mailings and election mailings.
   6. Receive a stipend approved by the Executive Board.
5. All officers shall regularly check their e-mail as this how notice for special meetings shall be affected
6. The President, Executive Assistant and other officers will be paid their per diem when working beyond their district contracted days up to thirty (30) days. Any days worked over thirty (30) days will be approved by the Executive Board before being allowed to compensated.

Section Six: Recall of Officers

Signatures equal to twenty-five percent (25%) of the membership in good standing are necessary for a petition of recall against an officer. Petitions are to be filed with any member of the Executive Board. It shall be the duty of the Executive Board to notify the membership within thirty (30) calendar days from the receipt of such a petition. The notice shall include a complete statement of charges, and a reply by the officer in question. At the next general meeting, held not less than fifteen (15) working days after the mailing of the recall notice, the officer in question may confront those questioning his or her conduct of office. A vote shall be taken, by secret ballot at the meeting, the quorum fro which shall be one-half (1/2) the membership in good standing. The officer shall be recalled upon a two-thirds (2/3) vote of the present.

Article VI - EXECUTIVE BOARD

Section One: Membership

The Executive Board shall consist of the President, 11 Vice-Presidents (12 when the Pajaro High School is in effect), the Treasurer, and the Secretary. Chairpersons of the Negotiations Committee, Grievance Committee, and other committee chairpersons appointed by the Executive Board shall be non-voting ex officio members. Officers of California Federation of Teachers and American Federation of Teachers my also serve and non-voting ex officio members of the Executive Board.

Section Two: Meetings

The Executive Board shall meet once a month. Any Board Member may call a special meeting, provided that a notice of three (3) calendar days is given prior to the date set for the meeting. A quorum for transacting business shall be seven (7) voting members.

It shall be the responsibility of the Executive Board to establish and administer policy of the Local. Specific duties include planning agendas for general meetings; implementing instructions for general meetings; communication to members, by visitations and publications, information District, State, Federal measures which affect their professional interests and obligations; appointing members of standing committees, and proposing changes in dues structure.

Article VII - LOCAL OFFICE STAFF

Section One: Local Office Staff

The Local staff shall maintain the Local office. Staff shall be hired by the President with the approval of the Executive Board.

Section Two: Administrative Assistant

There shall be an Administrative Assistant who shall perform the following duties:

1. Prepares and publishes bi-monthly flyers, notification of meetings and emergency communications to the general membership.
2. Resolve problems and handles non-routine inquires related to assigned work.
3. Operates and maintains photocopier and other office machines.
4. Maintains inventory of office supplies.
5. Makes travel arrangements.
6. Answers telephone requests for information.
7. Any other duties as deemed necessary by the president.
8. Work one-half (1/2) of his or her district contracted days and be paid his/her district salary for those days worked.

Section Three: Office Personnel

Other office personnel shall be hired by the President with the approval of the Executive Board and shall perform duties assigned by the President.

Article VIII - GENERAL MEETINGS

Section One: Schedule

Monthly general meetings shall be held from September to May. The Executive Board shall establish dates for June through August meetings. Special meetings may be called upon petition signed by twenty-five (25) members, or by a majority of the Executive Board.

Section Two: Conduct

All members in good standing shall have equal rights and privileges to present motions, to enter debate, and to vote. Robert's Rules of Order, 1981 edition, shall be considered the authority for conduct of meeting of the Local membership.

Article IX - DUES

Section One: Dues Structure

Membership dues shall equal one percent (1%) of the annual salary of each member, with the exception that the minimum dues can be set at an amount sufficient to cover per capita dues to the American Federation of Teachers and the California Federation of Teachers, plus enough to guarantee the Local three dollars ($3) per month per member.

Section Two: Mandated Increases in Dues (pass-through increase)

As per the Constitution of the American Federation of Teachers, Article IV, Section 5 (effective September 1, 1985), "each affiliated local shall increase the local dues to equal any increase in per capita payments that are required to be made to the American Federation of Teachers and any increase to either the State Federation or the regional council with which the local is affiliated."

Section Three: Changes in Dues Structure

The Executive Board shall notify by district mailed (Pony Mail) flyer to each site explaining to the membership of any proposed change in dues structure sixty days (60) before an election to approve such a change. The proposal shall be up for discussion at the next scheduled general membership meeting. The change in dues structure shall be effected by a majority of the votes returned.

Article X - BUILDING REPRESENTATIVES

One Building Representative per every twenty-five (25) employees at each site, appointed by the Executive Board, shall represent each school or worksite in the Local. The Building Representative shall serve a five-fold function as follows:

1. Membership recruiting.
2. Two-way communication.
3. Official Pajaro Valley Federation of Teachers representation at the school or worksite.
4. First-level handling of work-related problems and grievances.
5. Receive training by the Local.

Article XI - COMMITTEES

Section One: Negotiations Committee

The Negotiations Committee shall consist of at least four (4) members of the Local, to be appointed by the Executive Board. The Committee shall attend scheduled negotiating sessions. One member shall maintain communication with the Executive Board throughout the negotiations process. The chairperson shall submit all tentative agreements regarding salary and working conditions to the Executive Board for initial approval. Final approval shall rest with the membership of the bargaining unit.

Section Two: Grievance Committee

The Executive Board shall appoint the membership of the Grievance Committee. The Committee shall consist of a chairperson and representative(s) of the various grade-level divisions, as necessary. The Committee shall make recommendations to the Executive Board on the handling of grievance cases that have reached the stage of litigation.

Section Three: Calendar Committee

The Executive Board shall appoint the membership of the Calendar Committee. The Calendar Committee shall formulate, together with the District, Classified Employee representatives and community members, the work calendar for each school year. The Committee shall solicit input from the membership regarding calendar preferences, and present the proposed calendar(s) before submission to the Board of Trustees.

Section Four: Sabbatical Leave Committee

The Executive Board shall appoint three (3) members to represent the Local on the Pajaro Valley Unified School District Sabbatical Leave Committee, which shall review applications for sabbatical leave and make recommendations to the Board of Trustees with approval.

Section Five: Benefits Committee

The Executive Board shall appoint at least four (4) members to represent the Local on the Pajaro Valley Unified School District Benefits Committee. The committee shall review and evaluate fringe benefits programs and recommend revisions to the Executive Board for initial approval. Approval by the general membership is required in the case of a decrease in benefits or and increase in financial contributions. Final approval rests with the Board of Trustees.

Section Six: Safety Committee

The Executive Board shall appoint at least two (2) members to represent the Local on the Pajaro Valley Unified School District Safety Committee. The Local's members of this committee shall review and make recommendations for revisions in safety policies and practices. The Local's members shall also investigate possible violations of established equity policies.

Section Seven: Equity Committee

The Executive Board shall appoint members representing the various grade-level divisions to represent the Local on the Pajaro Valley Unified School District Equity Committee. The Local's members of this committee shall review and make recommendations for revisions in equity policies and practices. The Local's members shall also investigate possible violations of established equity policies.

Section Eight: Budget Committee

The Executive Board shall appoint members to the Local's Budget Committee to consist of three (3) members and chaired by the Treasurer. The Committee shall prepare and revise the annual budget and submit it to the Executive Board for approval. They shall seek direction from the various Local's Standing Committees as to the Committees' financial needs for the year.

Article XII - AMENDMENT AND RATIFICATION

Section One: Ratification

Ratification of these by-laws shall be effected by a majority of the votes returned by members of the Local.

Section Two: Amendment

An amendment to these by-laws may be submitted to the secretary by a petition signed by ten percent (10%) of the total membership. The secretary shall notify the membership of the proposed amendment within two (2) weeks of receipt of said petition. A vote shall be affected by a majority of the votes returned by members of the Local.

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The Union Office is located at 90-A Mariposa Avenue, Watsonville, CA  95076 Dial the PVFT Voicemail, 728-1936, Direct line, 722-2331 email Francisco or Ann at the office - president@pvft.net, ann @ pvft.net