Governing Documents Constitution
Constitution for North Carolina Retired School Personnel
Adopted 3-25-2009
A Division of the North Carolina Association of Educators
Article I: Name and Organization
The name of this organization shall be the North Carolina Retired School Personnel
(NCRSP), a Division of the North Carolina Association of Educators, hereinafter referred to as the Division.
The Division shall be composed of District and Local Units as defined by the Division’s
Executive Board. Districts are subsidiary units of the Division and are fully subject to the
governing bodies of the Division. Local Units are chartered units of the Division. Upon the request of a Local Unit, its assignment to a District may be changed only with the concurrence of the District boards of both of the affected Districts, as ratified by a majority vote of the Executive Board.
The constitution and bylaws of each District and Local Unit shall contain no provision which is contrary to that of the Constitution and Bylaws of the Division. In the event that the Executive Board of the Division determines by majority vote that a provision of the constitution or bylaws of a District or Local Unit does contradict the Constitution & Bylaws of the Division, that provision of the District or Local Unit constitution or bylaws in question shall be considered to be invalid, and the governing board of the affected District or Local Unit shall take the necessary steps per its prescribed amendment process to remove that provision from the affected document or to revise that provision to comply with the Constitution & Bylaws of the Division.
Article II: Mission & Purposes
Section 1: Mission of the Division and Its Units
The mission of the Division is to be the premier statewide association for all retired
education personnel, acting collectively to enhance retirement and health care benefits and to serve the community and its educational needs. The Association shall serve as the state voice for retirees and in order to advance their interests and welfare do hereby adopt this Constitution.
Section 2. Amendment of the Constitution.
A. A proposed amendment to the Constitution shall be presented in writing to the
Committee on Constitution and Bylaws, and sent to the Executive Board for its fall
Board meeting and read by title to the Annual Meeting immediately prior to its proposed
adoption. Documentation of timely submission of an amendment shall be the
responsibility of the contact person for the amendment.
B. The text of the proposed amendment shall be printed in the winter edition of the
official publication sent to all members.
C. This Constitution may then be amended at the Annual Meeting by a two-thirds (2/3)
vote of delegates present and voting.
D. To lobby the State General Assembly on legislation related to the State Retirement
System and the State Health Plan.
E. To encourage members to actively influence state and federal legislators on legislation
that impacts the quality of retirement living for members of the Division and other
retirees.
F. To cooperate with the National Retired Teachers Association (NRTA), a division of
the American Association of Retired Persons (AARP) and other organizations of
retired persons with common goals in promoting programs of mutual concern.
G. To encourage every member to find some avenue to volunteer.
Section 3: Purposes of the Districts
The purpose of each District shall be:
A. To promote and assist in organizing Local Units within each school district within the
district's boundaries.
B. To assist the Local Units’ leadership with activities and membership growth.
C. To serve as liaison between the Division and the Local Units for activities that
support the work of the Division.
Section 4: Purposes of the Local Units
The purpose of each Local Unit shall be:
A. To recruit and retain members.
B. To work within the district organization to achieve the goals of the Division.
Section 5: Governance
The Association shall be governed by this Constitution, the Bylaws, the Policies/ Standing Rules, and such other actions as the Representative Assembly, the Executive Board, and the Administrative Council may take. The Division shall have all power necessary and proper to take action for the attainment of its goals. Nothing in this Constitution or in the Bylaws shall be construed to prevent the Association from pursuing objectives which are consistent with the stated goals of the Division.
Article III: Officers, Elections, & Staff
Section 1: Elected Officers
A. Elected officers of the Division shall be the President, Vice-President/President-
Elect, Past President, Recording Secretary, and Treasurer.
B. Officers shall be members of the Division.
C. Officers shall assume their duties as of July 1 following their election at the state
convention. Outgoing officers shall meet with incoming officers before July to
discuss and transfer records.
D. Officers shall perform such duties as usually devolve upon each respective office and
as set by Bylaws and policies.
Section 2: Election of Officers
A. Officers shall be elected in even numbered years for a period of two years, with the
exception of the President, who automatically assumes that office after serving as
President-Elect, and the Past President, who automatically assumes that office after
serving as President.
B. No portion of dues money collected at the local, district, state, or national levels
shall be used to promote the candidacy of any individual for a state or national office.
Section 3: Removal from Office
A. Officers may be removed when incapacitated according to procedures outlined in the
Bylaws.
B. Officers may be removed due to malfeasance of office according to procedures
outlined in the Bylaws.
Section 4: Election of District and Local Unit Officers
A. In order to provide continuity of leadership at all levels of the Division, Districts and
Local Units shall elect their officers according to the following:
1. District officers shall take office for a period of two years beginning July 1 in
odd-numbered years.
2. Local Unit officers shall take office for a period of two years beginning July 1 in
even-numbered years.
B. No portion of dues money collected at the local, district, state, or national levels shall
be used to promote the candidacy of any individual for a District or Local Unit office.
Section 5: Staff
A. Executive Director: The Executive Director shall be hired by the Administrative
Council. The Executive Director shall be responsible for administration, finance,
membership, program services, and publications. The Executive Director’s specific
duties shall be prescribed in an appropriate Division policy manual, as adopted by the
Executive Board.
B. Any other staff position must be approved by the Executive Board. The
Administrative Council may make temporary adjustments to the composition of the
state office staff, but those decisions must be ratified by the Executive Board at its
next regular meeting before being made permanent. All approved staff positions and
their job descriptions shall be prescribed in a Division policy manual, as adopted by
the Executive Board.
C. The President, the Executive Director, and the Bookkeeper shall be properly bonded.
D. Staff may join the Division as non-voting/non-office holding members when they pay
their dues as set by the Division.
Article IV: Meetings
A. The State Convention of the Division shall be held annually in connection with the
State Convention of NCAE.
B. District meetings shall be held annually.
C. The Executive Board shall have at least two meetings each year, one at the time of
the State Convention and one in the fall, at a time and place determined by the
president. Special meetings may be called by the President as needed.
Article V: Representative Assembly
Section 1: Purpose
The Representative Assembly shall be the statewide representative body of the Division and shall have the following functions:
A. To establish the governance structures, dues structure, and governing principles of
the Division in support of the purposes of the Division as listed in Article I
B. To elect the officers of the Division.
C. To receive, review, and to take action on proposed amendments to the Constitution.
Section 2: Composition
The Representative Assembly shall be composed of the following:
A. Delegates or alternates from the Local Units shall be allocated on the basis of one for
each ten members or major fraction of ten. Each unit shall be entitled to at least one
delegate.
B. The members of the Executive Board.
Section 3: Election of Delegates
A. The number of delegates to be elected in the Local Unit shall be based on the number
of paid memberships sent to state headquarters by December 1. Only those members
whose dues have been paid and sent to headquarters by December 1 shall be eligible
to be delegates.
B. Delegates shall be elected annually by their Local Units and reported to the state
office at least 30 days prior to the State Convention. The state office shall pass these
names on to the Rules and Credentials Committee who shall have charge of
registration at the convention.
Section 4: Voting Rights
Each delegate shall be entitled to one vote on each issue. There will be no proxies.
Section 5: Quorum
A quorum at any meeting of the Representative Assembly shall consist of a majority of the delegates who registered with the Rules & Credentials Committee.
Article VI: Executive Board
Section 1: Composition
A. The governing body of the Division shall be the Executive Board. The voting
members of the Executive Board are the elected officers, district presidents,
Immediate Past President, and the standing governance committee chairs. Non-voting
members of the Executive Board are the Executive Director and parliamentarian.
B. In the event that a person holds more than one Executive Board position, that person
shall be entitled to only one vote.
C. In the event that a standing committee is co-chaired by two members, one co-chair
shall be designated by the President on the Division’s Executive Board listing as the
senior co-chair. If both co-chairs attend an Executive Board session, only the senior
co-chair may vote. In the event that the senior co-chair does not attend, then the
junior co-chair may vote.
D. In the event a district president is unable to attend a session of the Executive Board,
the district vice president (followed by the secretary and treasurer) may represent the
District, count for quorum, and vote on behalf of the district president, so long as the
district president notifies the Division President of this arrangement in writing (with
authorizing signature) in advance of the session.
E. The President shall appoint to the Executive Board a NCRSP/AARP Coordinator and a
NEA-Retired Liaison, both of whom must be current members of the Division.
F. The President shall appoint a parliamentarian to advise the President (or other
presiding officer) on matters of parliamentary procedure during meetings of the
Executive Board or Representative Assembly.
G. The President may appoint other such non-voting members of the Executive Board as
set forth by the Bylaws.
Section 2: Term and Duties of Appointed Officers
A. Persons in appointed positions shall normally assume their duties as of July 1 in the
first year of the President’s term and serve for two years; a replacement for an
appointee who resigns his position during the President’s term may assume his duties
immediately upon appointment.
B. Outgoing appointees shall normally meet with incoming appointees before July 31 of
the same year to brief the incoming appointee regarding ongoing issues related to the
position and to transfer any relevant records; in the event of a mid-term replacement,
that meeting shall occur within 2 months of the change in the position.
C. Appointed officers may be removed when incapacitated according to procedures
outlined in the Bylaws.
D. Appointed officers may be removed due to malfeasance of office according to
procedures outlined in the Bylaws.
Section 3: Board Meetings
A. All meetings shall be announced at least ten days in advance of meeting.
B. Any member of the Division may attend a board meeting as an observer. However, if
one wishes to be heard by the Board, the request must be submitted to the President.
Section 4: Duties
A. To supervise and control the affairs of the Division both by authorizing specific
actions of the officers, committee chairs, or staff of the Division and by establishing
the operational policies of the Division, as documented in a policies manual.
B. To approve a balanced budget and the annual audit of the treasurer's books.
C. To recommend the amount of membership dues.
Section 5: Quorum
A quorum at any meeting of the Executive Board shall consist of a majority of the voting Board members, with a majority of those comprising the quorum being elected Division officers, the Past President, or district presidents. In the event that a standing committee has two appointed co-chairs and both are in attendance, they may be collectively counted as only one Executive Board member for the purpose of establishing a quorum.
Article VII: Administrative Council
The Administrative Council shall consist of the elected state officers, and immediate Past
President. The Executive Director of the NCRSP shall serve as the secretary of the council without voting privileges.
Article VIII: Committees
Any appointive bodies of the Association shall be designated by the term “committee.” All committees shall be established or discontinued as provided in the Bylaws.
Article IX: Parliamentary Authority
Robert's Rules of Order - Newly Revised shall be the parliamentary authority for the Division on all procedures not covered by the Constitution and Bylaws.
Article X: Amendments
Section 1. Proposal of Amendments to Constitution
Amendments to the Constitution may be proposed to the Representative Assembly by one or more of the following methods:
A. By petition signed by at least fifteen (15) active members from two (2) or more
locals/districts and submitted to the Committee on Constitution and Bylaws, and for
presentation to the Representative Assembly; OR
B. By petition signed by at least ten (10) certified delegates and submitted to the
Committee on Constitution and Bylaws, and for presentation to the Representative
Assembly; OR
C. By at least two (2) district /local delegations in the Representative Assembly whose
concurrence in the proposed amendment is evidenced either by a majority vote of
those delegates present and voting in each delegation at a regularly called meeting of
the delegation held in connection with the Annual Meeting or by petition signed by a
majority of the members of each delegation. Proposals shall then be submitted to the
Committee on Constitution and Bylaws, and for presentation to the Representative
Assembly, OR.
D. By majority vote of the NCRSP Executive Board and submitted to the Committee on
Constitution and Bylaws, and for presentation to the Representative Assembly, OR
E. By a majority vote of the Committee on Constitution, Bylaws.
Section 2. Amendment of the Constitution.
A. A proposed amendment to the Constitution shall be presented in writing to the
Committee on Constitution and Bylaws, and sent to the Executive Board for its fall
meeting.
Board and read by title to the Annual Meeting immediately prior to its proposed
adoption. Documentation of timely submission of an amendment shall be the
responsibility of the contact person for the amendment.
B. The text of the proposed amendment shall be printed in the winter edition of the
official publication sent to all members.
C. This Constitution may then be amended at the Annual Meeting by a two-thirds (2/3)
vote of delegates present and voting.
Section 3. Proposal of Amendments to the Bylaws
A. By petition signed by at least fifteen (15) active members from two (2) or more
locals/districts and submitted to the Committee on Constitution and Bylaws and for
presentation to the Representative Assembly; OR
B. By petition signed by at least ten (10) certified delegates and submitted to the
Committee on Constitution and Bylaws, and for presentation to the Representative
Assembly, OR
C. By at least two (2) district /local delegations in the Representative Assembly whose
concurrence in the proposed amendment is evidenced either by a majority vote of
those delegates present and voting in each delegation at a regularly called meeting of
the delegation held in connection with the Annual Meeting or by petition signed by a
majority of the members of each delegation. Proposals shall then be submitted to the
Committee on Constitution and Bylaws, and for presentation to the Representative
Assembly. OR
D. By majority vote of the NCRSP Executive Board and submitted to the Committee on
Constitution and Bylaws, and for presentation to the Representative
Assembly; OR
E. By majority vote of the Committee on Constitution and Bylaws for submission to the
Executive Board and for presentation to the Representative Assembly.
F. A proposed amendment to the Bylaws shall be presented in writing to the Committee
on Constitution and Bylaws, postmarked no later than one hundred twenty (120) days
preceding the Annual Meeting.
G. The Bylaws may be amended by a super majority vote (60%) of the Executive board
present and voting at the next regular meeting.
Section 4. Voting on Amendments
A. Voting on proposed amendments to this Constitution shall be by secret ballot.
B. Timelines can be altered by a bylaw.
C. Unless otherwise provided in the amendment, all amendments shall take effect
immediately following their adoption.
Section 5. Withdrawal of Proposed Amendments
Requests for withdrawal of proposed amendments shall be submitted in writing
to the Committee on Constitution and Bylaws. Such withdrawal shall be effective when approved by the Representative Assembly. Requests for withdrawal of proposed amendments to this Constitution may be granted by action of the Representative Assembly based on requests made in the following manner:
A. If originally proposed by petition of one fifteen (15) or more members from
two (2) locals or ten (10) or more delegates, the request shall be signed by at least
two-thirds (2/3) of such members or delegates;
B. If originally proposed by two (2) local delegations, the request shall be signed by at
least two-thirds (2/3) of the delegates from each local.
C. If originally proposed by the Executive Board the request shall be made by a majority
of the Board.
D. If originally proposed by the Committee on Constitution and Bylaws, the request shall
be made by a majority of the committee.
October 30, 2008
