To permit the Association, under limited circumstances, and pursuant to the same protections that apply to state affiliate trusteeships, to establish a trusteeship over a local affiliate.

Bylaw 8. Affiliates and Special Interest Groups
8-12. Trusteeships Over State Affiliates

a. The Association may establish a trusteeship over an affiliated state association for the purpose of (i) correcting corruption or financial malpractice or (ii) restoring democratic procedures; or (iii) correcting a serious dereliction of duties in their performance of union responsibilities. No local trusteeship shall be established by the Association if the state affiliate with which the local association is affiliated has the authority under its constitution and bylaws to establish such a trusteeship unless the state affiliate by majority vote of its Board of Directors (or equivalent body) requests that the Association establish the local trusteeship.

b. If after providing the affiliate an opportunity to address and provide information to the Executive Committee, the Executive Committee determines, by two-thirds (2/3) vote, that there is adequate cause under section (a) of this Bylaw to establish a trusteeship, it shall recommend to the Board of Directors that a trusteeship be established. As soon as possible after said vote, the president shall send to the Board of Directors a copy of the recommendation of the Executive Committee, and shall include with said recommendation a written statement setting forth the basis for the Executive Committee’s determination that there is adequate cause for the establishment of a trusteeship. The written statement shall be sufficiently specific so as to enable the state or local association to prepare a defense.

Any action taken by the state or local association to disaffiliate from the National Education Association after the Executive Committee has made an adequate-cause determination pursuant to section (b) of this Bylaw, or has established an immediate trusteeship pursuant to section (g) of this Bylaw, shall be of no effect if the NEA Board of Directors approves by two-thirds (2/3) the trusteeship recommendation of the Executive Committee.

c. A recommendation by the Executive Committee to establish a trusteeship shall be acted upon by the Board of Directors at its next regularly scheduled meeting or at a special meeting called for that purpose, occurring at least forty (40) days after the Board of Directors has received said recommendation.

At least thirty (30) days prior to the meeting of the Board of Directors at which the recommendation of the Executive Committee is to be acted upon, the President shall send to the state association subject to the trusteeship, as well as its state affiliate where applicable, a notice advising it of the recommendation of the Executive Committee and setting forth the date, time, and place of the meeting of the Board of Director at which said recommendation shall be acted upon. The President shall include with said notice a copy of the written statement that was submitted to the Board of Directors pursuant to section (b) of this Bylaw and a copy of the rules and procedures that shall be followed by the Board of Directors in acting upon the Executive Committee’s recommendation.

A hearing shall be held before the Board of Directors, pursuant to rules and procedures adopted by the Board of Directors for such purpose to determine whether to establish a trusteeship….If two-thirds (2/3) or more of the members of the Board of Directors who vote on the question vote “yes,” the recommendation of the Executive Committee shall have been accepted, in which event a trusteeship shall be established over the state association as of the announcement of the vote. As soon as possible after said vote, the Executive Committee shall appoint a trustee.

d. Subject to the control and direction of the Executive Committee, a trustee shall have the power to:

(1) conduct the affairs of the trusteed state association, including supervisory control over its officers, employees and other representatives;

(2) take possession of the books, records, funds, and other assets of the trusteed state association, to be held in trust for and used only in the proper conduct of its affairs;

(3) remove officers and staff of the trusteed state association, and replace them if deemed appropriate for the duration of the trusteeship; and

(4) take such other actions as in a trustee’s judgment are necessary for the preservation of the rights and interests of the National Education Association and the members of the trusteed state association.

The Executive Committee shall have the right, with or without cause, to replace a trustee at any time.

Reasonable expenses incurred by a trustee in the performance of his or her functions shall be paid out of the funds of the trusteed state association, if available; otherwise, such expenses shall be paid by the National

Education Association.

e. The Executive Committee shall terminate a trusteeship as soon as the cause for its establishment has been remedied. If the Executive Committee rejects a request from the Board of Directors (or equivalent governing body) of a trusteed state association to terminate a trusteeship, the trusteed state association shall have the right to appeal to the NEA Board of Directors, provided that no such appeal may be taken within three (3) months after the decision of the NEA Board of Directors on a prior appeal.

Prior to the termination of a trusteeship, a trustee shall conduct an election, in accordance with the applicable provisions of the governing documents and policies of the trusteed state association and the National Education Association to fill, as of the date of such termination, officer positions vacated by removal or departure of former incumbents. As of the date of termination of a trusteeship, a trustee shall return control of the books, records, funds, and other assets of the trusteed state association to its appropriate officers. A trustee shall make a final accounting of a trusteeship, and submit copies to the Board of Directors and the trusteed state association.

f. No financial obligation or liability of the trusteed state association which may exist at the time a trusteeship is established, or which may be incurred during a trusteeship, shall be assumed by or become an obligation of the National Education Association.

g. Subject to the provisions of section (a) of this Bylaw, in case of emergency, where the best interests of the state or local association and the National Education Association require, the Executive Committee may, by unanimous vote of all members of the Executive Committee (excluding any member who is or was a member of the state association in question), establish an immediate trusteeship over the state or local association without action by the Board of Directors. In such a case, the matter shall be submitted to the Board of Directors, which may affirm or reverse the action of the Executive Committee pursuant to the procedure set forth in section (c) of this Bylaw, provided that if the Board of Directors does not take action within sixty (60) days following the establishment of a trusteeship by the Executive Committee, said trusteeship shall automatically terminate.

h. If the Board of Directors establishes a trusteeship or refuses to terminate an established trusteeship, the trusteed state association shall have the right to appeal to the Representative Assembly, provided that written notice of such appeal is filed with the President by at least ten (10) percent of the active members in good standing of the trusteed state association or by a three-fourths (3/4) vote of the highest governing body of the trusteed state association within forty-five (45) days after the decision of the Board of Directors is made known to the trusteed state association. The Representative Assembly shall rule on the appeal at its first meeting occurring after the president receives the written notice of appeal.

Pending an appeal to the Representative Assembly, the decision of the Board of Directors shall remain in full force and effect.

i. The Board of Directors shall adopt such rules and procedures as may be necessary to implement this Bylaw.

j. This Bylaw shall not apply to affiliates that, as of January 1, 2019, had provisions in their bylaws or equivalent governing documents that prohibit affiliation with an entity that could impose a trusteeship on the affiliate.

Impact Statement

Bylaw 8-12 currently establishes the limited circumstances under which the Association can establish a trusteeship over a state affiliate. Specifically, the Association may now establish a trusteeship over an affiliated state association for the purpose of correcting corruption or financial malpractice or restoring democratic procedures, but only if at least two-thirds of the NEA Executive Committee and NEA Board of Directors approves the trusteeship for one of those purposes after hearing from the impacted affiliate.

If adopted, this amendment would expand Bylaw 8-12 to allow the Association to establish trusteeships over local affiliates for these same purposes and also would allow the Association to establish trusteeships over any affiliate (state or local) if necessary to remedy a serious dereliction of union duties. The Bylaw amendment would only permit NEA to consider a local trusteeship if a state affiliate lacks the authority to trustee a local affiliate or if a state affiliate requests, by a majority vote of its governing body, that the Association establish the local trusteeship.

The Bylaw amendment provides that trusteeship decisions over local affiliates would be made in the same manner, and pursuant to the same process, as now apply to state affiliate trusteeships. Specifically, the Bylaws

provide that, except in an emergency, trusteeship recommendations are made by a two-thirds vote of the Executive Committee, which then goes to the NEA Board for a hearing and decision. Only if two-thirds of the NEA Board agrees with the trusteeship recommendation, may a trusteeship be established. In an emergency, the Executive Committee may by unanimous vote institute a trusteeship, but two-thirds of the NEA Board must approve any such trusteeship within no more than 60 days or the trusteeship automatically terminates.

As is currently the case, trusteeship decisions would be made by the NEA Board only after the affiliate subject to the trusteeship is provided with written notice of the trusteeship recommendation, and is given an opportunity to be heard by the NEA Board (or a subcommittee thereof) on the recommendation. Trusteeships must terminate as soon as the cause for the trusteeship is remedied.

The Bylaw amendment provides that once the NEA Board approves a trusteeship, any action by the affiliate to disaffiliate that occurred after the trusteeship process commenced shall have no effect.

Finally the amendment includes a grandfather provision specifying that Bylaw 8-12 does not apply to affiliates that, as of January 1, 2019, had a provision in their bylaws or equivalent governing documents prohibiting affiliation with an entity that could impose a trusteeship on the affiliate.

Contact

Robert Rodriguez - CA