St. Peter Local 404

Council 5 Constitution

afscmemn.org/sites/afscmemnd6.prometheuslabor.com/files/mncn5const.10.2014.pdf

Article I
Name and Headquarters
Section 1. This council shall be known as Minnesota Council Number 5 of the
American Federation of State, County and Municipal Employees, AFL-CIO.
Section 2. The headquarters of this council shall be in the Twin Cities
metropolitan area.
Article II
Affiliations
This council shall be chartered by the American Federation of State, County and
Municipal Employees, AFL-CIO, and shall affiliate with the Minnesota AFL-CIO.
Article III
Objectives
The objectives of this council shall be the objectives of the American Federation
of State, County and Municipal Employees, AFL-CIO.
Article IV
Membership and Revenue
Section 1. All AFSCME local unions chartered to represent employees of the
state of Minnesota, the University of Minnesota, Aramark at MNSCU campuses; all
AFSCME local unions in the Minnesota counties of Anoka, Cook, Dakota, Hennepin,
Ramsey, Scott and Washington; and all AFSCME local unions in the Duluth
metropolitan area including the cities of Duluth, Hermantown, Proctor and Two Harbors,
employees of St. Louis County, Lake County Social Service and Sheriff’s departments;
and including AFSCME local unions in the state of Minnesota organized by Council 5
with the prior approval of the International President, excluding AFSCME locals 105,
1500 and 2827, are required to and shall affiliate with Council Number 5.
Section 2. Effective January 1, 2015, the per-capita tax rate will be $28.64 per
member per month. Effective January 1, 2016, and every year thereafter, the council
per-capita tax rate will be adjusted in accordance with the provisions of the International
Constitution. Per capita tax shall be paid on the number of individual monthly dues
payments received by the local union during the month, and per capita tax shall be paid
by the local union in the same manner for each person paying a fair-share or agency
shop fee to the local union in lieu of dues. The dues of all affiliated local unions shall be
transmitted directly by the employer to this council. From the dues so received, the
Council Treasurer shall deduct the council per capita tax provided for in this section,
and shall deduct and pay, on behalf of the local union, its constitutionally established
per capita tax to the International Union not later than the fifteenth day of the month
following the month in which such dues are received by the council. The Council
Treasurer shall deduct and pay, on behalf of each local union, the constitutionally
established per capita taxes to the appropriate central body of the AFL-CIO. After the
foregoing deductions have been made, the remaining amount shall be transmitted to the
local union not later than the last day of the month following the month in which such
dues are received by the council together with an accounting of the amounts paid as per
capita taxes to the organizations referred to above.
2
Section 3. For a member whose local union permits payment of dues at a parttime
rate no greater than seventy-five percent of regular dues, such local union may pay
per capita tax to the council at seventy-five percent of the regular rate established in
Section 2 of this article.
Section 4. Monthly per capita tax payments to the council shall be made on the
same number of members on which per capita tax to the International Union is paid.
Section 5. Failure of a local union to remit its council per capita tax for any
month by the fifteenth day of the following month shall result in the local being declared
delinquent. Any local sixty days delinquent shall be automatically suspended from the
privileges and benefits of this council until all per capita tax due has been paid up to date.
Section 6. The Council Treasurer shall notify the International President and
International Secretary-Treasurer of all delinquent or suspended locals and of all
reinstatements.
Article V
Convention
Section 1. All sovereign powers and authority of the council shall be vested in
the regular and special convention of the council.
Section 2. The regular convention of this council shall be held annually during
the months of September or October at a place to be fixed by the executive board of the
council. The election of officers shall take place at the convention of the council in the
even-numbered years.
Section 3. Special conventions of this council may be called by the Council
President and/or the Council Executive Board. One-third of the locals affiliated with the
council may at any time require a special convention by filing a request with the Council
President which petition shall name the purpose of the convention and set its date.
Special conventions may also be called by the International President or an authorized
representative of the International President.
Section 4. At least sixty days prior to each regular convention and at least thirty
days prior to each special convention, the Council Secretary shall send to each local a
copy of the convention call, accompanied by the appropriate number of credential forms.
In the case of a convention at which election of officers is to take place, this shall be
indicated in the convention call.
Section 5. Properly executed and signed credential forms, together with a Local
Union Delegate Certification Form designating the chairperson of the local’s delegation
should the local elect two or more delegates, must be postmarked and returned to the
council office no later than ten days prior to the opening of the convention. Any delegate
whose credential was postmarked after the tenth day prior to the convention shall be
deemed irregular and shall not be included in the initial report of the Credentials
Committee.
Section 6. A quorum for the transaction of business at any regular or special
convention shall consist of delegates representing not less than one-third of the affiliated
locals entitled to representation at the convention.
Article VI
Representation
Section 1. Locals shall be entitled to delegates on the basis of one delegate for
each twenty-five members or fraction thereof. For the purpose of determining a local
union’s representation and voting strength at council conventions, fair share and agency
3
fee payers shall be counted as if they were members. Locals may also elect an alternate
delegate for each delegate.
Section 2. Regardless of the number of delegates, locals shall be entitled to vote
on the basis of one vote for each member in all roll-call votes and elections coming before
the convention. A request for a roll-call vote shall require the support of one-third of the
accredited delegates.
Section 3. Locals entitled to more than one delegate may send fewer than their
quota of delegates, and the delegates present may cast the entire vote of the local on the
basis of one vote for each member in all recorded votes and elections coming before the
council. The number of votes shall be divided equally among the delegates, with any
remaining votes to be cast by the chair of the delegation, as designated by the local. No
fractional votes shall be permitted.
Section 4. The basis of representation at any council convention shall be the
average number of per capita tax units actually paid to the council by each affiliated local
union during the twelve-month period ending with the fourth full month prior to the opening
of the convention. In the case of any local organized or affiliated after the beginning of the
twelve month period, the basis of representation shall be the average number of per capita
tax units actually paid to the council for the full number of months for which per capita tax
has been paid.
Section 5. Duly elected officers and members of the Council Executive Board
who are not elected as delegates representing their local union shall nevertheless be
entitled to all the rights and privileges of a delegate, except the right to vote. No regular
employee of the council shall be eligible to be elected or to serve as a delegate to any
regular or special convention of the council.
Section 6. No local union shall be entitled to representation in any convention of
the council unless all of its per capita tax and other just obligations to the International
Union and the council have been paid in full by or on the day credentials are presented at
the convention.
Section 7. To be accredited, delegates must be on the floor when the vote is
taken, and voting by proxy shall not be permitted. All issues shall be decided by a majority
vote of the accredited delegates voting, except as otherwise specifically provided in this
constitution.
Section 8. All delegates to any regular or special convention of the council shall
be elected in accordance with the AFSCME Elections Code (Appendix D of the
International Constitution). They shall be in good standing in their local and the names of
such delegates shall be certified by the proper officers of the locals to the Council
Secretary.
Section 9. Expenses of delegates attending regular and special conventions shall
not be the responsibility of the council.
Article VII
Officers and Elections
Section 1. The officers of this council shall be: a President, a Vice-President, a
Secretary, a Treasurer and executive board members elected as provided in Section 2 of
this article, and these officers and executive board members shall constitute the executive
board of this council. There shall also be appointed by the executive board an Executive
Director who shall sit on the executive board with a voice, but without vote.
Section 2. Officers shall be elected for a term of two years in the even-numbered
years. The President, Vice-President, Secretary, and Treasurer shall be elected at-large;
provided, however, that no more than one of these shall be from the same local union.
4
Executive board members shall be elected from districts and sectors as set forth below in
this Section:
(a) Six districts shall be established for the purpose of electing district
executive board members, as set forth below. One executive board
member shall be elected from each district for each two thousand two
hundred and fifty (2,250) members or major fraction thereof who
reside within that district. Only delegates who reside within a district
shall be eligible to nominate or vote for candidates for executive board
member from such district. A candidate for district executive board
member must reside within that district, except that a candidate who
resides outside the state of Minnesota shall be eligible to be a
candidate in the district of the county in which the candidate is
employed. In any case where the members of a local union reside in
more than one district, the votes of such local union shall be divided
equally among the registered delegates, with any remaining votes to
be cast by the chair of the delegation. Delegates shall vote in the
executive board member election for the district in which they reside,
except that delegates that reside outside of Minnesota shall nominate
and vote in the district of the county in which they are employed. The
six districts shall consist of the following counties:
District 1 shall be comprised of the counties of Carlton,
Cook, Itasca, Koochiching, Lake, Pine and St. Louis;
District 2 shall be comprised of the counties of Becker,
Beltrami, Big Stone, Chippewa, Clay, Clearwater, Grant,
Kandiyohi, Kittson, Lac Qui Parle, Lake of the Woods,
Lincoln, Lyon, Mahnomen, Marshall, Murray, Nobles,
Norman, Otter Tail, Pennington, Pipestone, Polk, Pope, Red
Lake, Rock, Roseau, Stevens, Swift, Traverse, Wilkin and
Yellow Medicine;
District 3 shall be comprised of the counties of Blue Earth,
Brown, Cottonwood, Dodge, Faribault, Fillmore, Freeborn,
Jackson, Houston, Le Sueur, Martin, Mower, Nicollet,
Olmsted, Redwood, Rice, Steele, Wabasha, Waseca,
Watonwan and Winona;
District 4 shall be comprised of the counties of Aitkin, Benton,
Cass, Chisago, Crow Wing, Douglas, Hubbard, Isanti,
Kanabec, McLeod, Meeker, Mille Lacs, Morrison, Renville,
Sherburne, Sibley, Stearns, Todd and Wadena;
District 5 shall be comprised of the counties of Dakota,
Goodhue, Ramsey and Washington;
District 6 shall be comprised of the counties of Anoka,
Carver, Hennepin, Scott and Wright.
(b) Six employment sectors shall be established for the purpose of
electing sector executive board members, as set forth below. One
executive board member shall be elected from each sector for each
two thousand two hundred and fifty (2,250) members or major
fraction thereof employed within that sector. Only delegates who are
employed within a sector shall be eligible to nominate or vote for
candidates for executive board member from such sector. A
candidate for executive board member from a sector must be
employed within that sector. In any case where the members of a
local union are employed in more than one sector, the votes of such
local union shall be divided equally among the registered delegates,
with any remaining votes to be cast by the chair of the delegation.
Delegates shall vote in the executive board member election for the
5
sector in which they are employed. The six sectors shall be as
follows:
(1) city employees;
(2) county employees;
(3) private sector, special district employees;
(4) school employees;
(5) state employees;
(6) University of Minnesota employees.
Section 3. All elections within this council shall be conducted in accordance with
the AFSCME Elections Code (Appendix D of the International Constitution).
Section 4. Nominations and elections shall be held at the regular convention of
the Council in the even-numbered years. At least fifty days’ advance notice of the holding
of nominations and elections shall be given to the locals prior to the convention.
Nominations shall be permitted from the floor at the nomination meetings, as set forth
below in Section 6 of this article.
Section 5. No member shall be eligible to hold office unless all accounts and
per capita tax due the council and the International Union are paid in full by the
member’s local union, and unless such member has been a member in good standing
in that local for the year preceding the election; provided that the requirement of one
year’s membership in good standing shall not apply in the case of a member in good
standing who is employed in a bargaining unit for which the council or an affiliated local
union was newly certified or recognized as the representative within the year preceding
the election and the council has received dues deducted on behalf of the members
employed in such unit for one or more months during the twelve-month period on which
convention representation is based pursuant to Article VI, Section 4, of this constitution.
No retired member shall be a candidate for office. No regular employee of the council
shall be eligible to be elected or to serve as an officer or executive board member of the
council.
Section 6. Nominations for the four at-large officers shall be held in the
convention as a whole in the order listed in Section 1 of this article. Immediately
following the completion of such nominations, separate meetings shall be held for the
delegates employed in each sector for the purposes of nominating sector executive
board members, followed by meetings for the delegates residing in each district for the
purpose of nominating district executive board members.
Section 7. Officers shall be elected by secret ballot vote and the balloting shall be
so conducted as to afford to all delegates a reasonable opportunity to vote.
Section 8. A majority of all votes cast shall be necessary to elect a candidate.
When more than two candidates are nominated for a single office, and none of them
receives a majority of all votes cast, all candidates except the two who received the
most votes shall be dropped and a second ballot cast.
Section 9. Vacancies in office shall be filled for the remainder of the unexpired
term by a majority vote of the executive board.
Section 10. Unexcused absence of an officer from three consecutive meetings of
the executive board shall automatically cause removal from office.
Section 11. Every officer shall, upon assuming office, subscribe to the Obligation
of an Officer contained in Appendix B of the International Constitution.
Article VIII
Duties of Officers
Section 1. The President shall preside at all meetings of the convention and of
the executive board. The President shall, except as otherwise provided in this constitution,
6
appoint all standing and special committees of the council, subject to the approval of the
executive board. The President shall be a member ex-officio of all committees except
election committees. Except as otherwise provided in this constitution, the President shall
countersign all checks drawn on the funds of the council. The President shall report
regularly to the executive board and to the convention on the activities of the President’s
office and the progress of the council. The President shall be an automatic delegate to all
conventions at which this council is entitled to representation.
Section 2. The Vice-President shall assist the President in the work of the
President’s office. In the absence of the President or in the President’s temporary inability
to serve, the Vice-President shall preside at all meetings and perform all other duties
normally performed by the President. The Vice-President may, with the approval of the
executive board, be authorized to act as co-signer of checks drawn on the funds of the
council in place of either the President or the Treasurer. The Vice-President shall be an
automatic alternate delegate to the International Convention and shall be an automatic
delegate to all other conventions at which this council is entitled to more than one
delegate.
Section 3. The Secretary shall keep a record of the proceedings of all
conventions and of all executive board meetings. The Secretary shall carry on the official
correspondence of the council except as the executive board may direct otherwise. The
Secretary shall perform such other duties as the executive board may require. In the
performance of these duties the Secretary may request staff assistance as may be
deemed necessary, which assistance shall be provided by the Executive Director.
Section 4. The Treasurer shall receive and receipt for all monies of the council.
The Treasurer shall deposit all money so received in the name of the council in an insured
account in a financial institution selected by the executive board, and money so deposited
shall be withdrawn only by check signed by the President and the Treasurer; provided
that, with the approval of the executive board, the President and Treasurer may each
designate deputies to sign in their place, except that no check drawn on the funds of the
council shall be signed solely by deputies. The Treasurer shall prepare and sign checks
for such purposes as required by the constitution or are authorized by the convention or
the executive board. The Treasurer shall keep an accurate record of receipts and
disbursements and shall submit to the convention and to the executive board complete
and accurate financial statements, including an operating statement and a statement of
the council’s assets and liabilities. The Treasurer shall act as custodian of all properties of
the council. The Treasurer shall pay the per capita taxes to the International Union. In the
performance of these duties the Treasurer may request such staff assistance as may be
deemed necessary, which assistance shall be provided by the Executive Director.
Section 5. The executive board shall be the governing body of the council except
when conventions of the council are in session. All matters affecting the policies, aims and
means of accomplishing the purposes of the council not specifically provided for in this
constitution or by action of the delegates at a regular or special convention shall be
decided by the executive board. The board shall meet monthly or at the call of the
President or a majority of the members of the executive board. A report on all actions
taken by the executive board shall be made to the delegates at the following convention.
A majority of the members of the executive board shall be required for a quorum. The
executive board shall cause to be made at least annually an independent audit of the
council’s finances, and shall report to each regular council convention and to each
affiliated local the results of such audit. Any affiliated local union shall, upon request, be
provided with a copy of the audit.
Article IX
Executive Director
Section 1. There shall be appointed by the executive board an Executive Director
who shall sit on the executive board with a voice but no vote. The Executive Director shall
serve at the pleasure of the board, and the compensation, expenses and benefits of the
Executive Director shall be determined by the executive board.
7
Section 2. The Executive Director is the council’s administrative and executive
officer, and must give full time to the council. The Executive Director shall, under policies
established by the executive board, employ, terminate, fix the compensation and
expenses, and direct the activities of such staff as are required to carry out effectively the
functions of this council. The Executive Director shall, with the approval of the executive
board, engage such technical and professional services, including legal counsel and
independent auditors, as may be required.
Section 3. No later than the November executive board meeting of each year, the
Executive Director shall submit in writing to the executive board a proposed budget for the
coming year. The proposed budget shall set forth the anticipated income and its sources
and the anticipated expenditures and their purposes. The proposed budget may be
revised by the executive board, which must approve a final budget no later than the
December executive board meeting. The fiscal year for this council shall begin on the first
day of January and end on the last day of December.
Article X
PEOPLE Committee
Section 1. The Minnesota PEOPLE Committee existing at the time of the
adoption of this constitution shall remain in existence and operation, with its then current
membership, through the regular public elections to be held in November 2004.
Section 2. Beginning after the regular public elections to be held in November
2004, the members of the PEOPLE Committee shall be appointed by the President,
subject to the approval of the executive board. In making such appointments, due regard
shall be given to providing appropriate representation to all districts and sectors of the
council.
Section 3. No candidate for public office shall be endorsed by the council
without the prior approval of the executive board. The executive board shall consider the
recommendation of the PEOPLE Committee before making any such endorsement,
except that, when time is of the essence, the executive board may act on an endorsement
without a recommendation from the PEOPLE Committee.
Article XI
Policy Committees
Section 1. In any case where a bargaining unit includes the members of more
than one local union or the employees of a single employer are represented by more than
one local union, such local unions may form a policy committee, except that, in the case of
local unions in the state and university sectors, such local unions shall be required to form
policy committees. The purpose of such policy committees shall be to coordinate the
activities of the local unions representing employees of such employer or in such
bargaining unit and to advise and assist the council on matters affecting the interests of
their members. In addition, the executive board may establish additional policy
committees based upon sector, geography or type of employment.
Section 2. Local unions shall be entitled to delegate representation and votes in
policy committee meetings based on the same formula used to determine delegate
representation and voting strength in council conventions; provided, however, that if a local
union includes members who fall within more than one policy committee, the delegate
representation and voting strength in each policy committee shall be based on the actual
number of members employed within such policy committee. Delegates must meet the
same eligibility requirements provided for convention delegates and must be employed in
the jurisdiction of the policy committee. In the election of local union delegates to a policy
committee, only members employed within the jurisdiction of a policy committee shall be
eligible to vote for delegates to that policy committee. In any case where a local union
president is not elected as a delegate to a policy committee having jurisdiction over
8
members of that local union, such local president or designee may attend meetings of that
policy committee as a non-voting observer, without regard to whether such local president
is employed within the jurisdiction of that policy committee.
Section 3. Each policy committee shall, subject to the approval of the Council
Executive Board, adopt rules to govern its operations; provided that such rules may not be
in conflict with this constitution or the constitution of the International Union. Each policy
committee shall elect a chairperson and such other officers as are provided for in the rules
of that policy committee. In the case of a state or university employees’ policy committee,
the rules of such policy committee shall establish the procedure for ratifying any
agreement affecting the members under the jurisdiction of such policy committee that is
subject to ratification under Paragraph 7 of the Bill of Rights for Union Members in the
International Constitution. The local unions participating in a policy committee shall be
responsible for funding all expenses related to the meetings of such policy committee.
Section 4. Regular meetings of a policy committee shall be held at least once each
year at the call of the chairperson of such policy committee. Special meetings of a policy
committee may be called by the chairperson of that policy committee, the Executive
Director of the council or by delegates from the most recent regular meeting of that policy
committee representing at least one-third of the local unions under the jurisdiction of that
policy committee. At any special meeting of a policy committee, the delegates shall be
those who were eligible to attend the most recent regular meeting of that policy committee.
Section 5. Each policy committee may consider labor/management matters
affecting the members under the jurisdiction of that policy committee. These may include
but not be limited to: the establishment and recommendation of bargaining goals; the
establishment and recommendation of standard contract provisions; the exchange of
information regarding the settlement of grievances; mutual assistance in organizing,
servicing and bargaining; and, where appropriate, joint bargaining with a common
employer.
Article XII
Miscellaneous
Section 1. This council shall at all times be subject to the provisions of the
International Constitution of the American Federation of State, County and Municipal
Employees, AFL-CIO.
Section 2. Except to the extent specified in this constitution, no officer of the
council shall have the power to act as an agent for or otherwise bind the council in any
way whatsoever. No member or group of members or other person or persons shall have
the power to act on behalf of or otherwise bind the council except to the extent specifically
authorized in writing by the President of the council or the executive board of the council.
Section 3. All judicial procedures shall be conducted in accordance with Article X
of the International Constitution.
Section 4. All officers and employees of this council shall be bonded at the
expense of the council through the International Union office. The minimum bond shall be
no less than ten percent of the assets handled by the council annually.
Section 5. Open Meetings. All meetings of the executive board are open to
observation by any member in good standing of a local union affiliated with the council.
Meetings may be closed if the board decides by a majority vote that serious injury or
damage might otherwise be done to this council, the federation or any individual.
Section 6. Open Agenda. Any member in good standing of the council shall be
placed on the agenda of the next meeting of the executive board upon written request,
including electronic mail.
9
Section 7. The rules contained in the current edition of Robert’s Rules of Order
Newly Revised, shall govern this council in all cases to which they are applicable and in
which they are not inconsistent with this constitution and special rules of this council or
of the American Federation of State, County and Municipal Employees.
Article XIII
Amendments
Section 1. Except as provided in Section 2 of this article, this constitution may be
amended, revised or otherwise changed only by a two-thirds vote of the delegates voting
on such proposed change at a regular or special convention and such change shall take
effect only with the written approval of the International President.
Section 2. Any amendment which is submitted to the Council Secretary not later
than sixty days prior to the opening of a convention, a copy of which shall be mailed by the
Council Secretary to each affiliated local union not later than thirty days prior to the
opening of the convention, may be approved by a majority vote of the convention.
Section 3. The convention shall not consider any amendments submitted after
the opening of a convention, except that the executive board may submit proposed
amendments at any time.
Section 4. The executive board shall review and make a recommendation to the
convention on any proposal to amend the constitution.
Approved by:
LEE SAUNDERS
President
Approval date: October 22, 2014

Sign Up
Email:
Password:
Remember me