Elections: Delegates, Alternates, Councils

November 19, 2004

INSTRUCTIONS FOR ELECTION CERTIFICATION REPORT

A certification of your local's or council's election of delegates and alternates to NYSUT's Representative Assembly (RA) must be sent to NYSUT each year. Listed on the enclosed Election Certification Report form are your local's or council's delegates and alternates as reported for the 2004 RA. Please use the Election Certification Report form that is part of your mailing to report delegates and alternates for the 2005 RA.

• If a listing for an individual is correct as stated, make no mark in the status change column for that individual.
• If an individual is no longer a delegate or alternate, check "delete" in the status change column.
• If an individual listed as a delegate is now an alternate, or vice versa, check the status change column to indicate the current status.
• Indicate changes in an address by writing in the correct address to the right of the old address. [NOTE: NYSUT will mail an identification card to each delegate and alternate at the address indicated on this form. The card must be presented at RA registration in order to receive a badge.]
• For badge preparation purposes, indicate a person's "nickname" (example: Bob for Robert) in the appropriate column. (The badge will also include the full name as printed in the first column.)
• Type or clearly write in any additions on the Election Certification Report form Be sure to indicate whether the individual is a delegate or alternate.

It is important that you indicate in the space provided the delegate or alternate who is authorized and responsible for picking up and returning all roll call ballots, including election ballots, at the RA.

In accordance with NYSUT Constitution, Article VIII, Section 3(d), the local or council president or secretary must complete and sign the certification statement at the bottom of the Election Certification Report and return the form by certified mail (or other receipt-rendering delivery service) to: NYSUT, 800 Troy-Schenectady Road , Latham , NY 12110-2455 . This form must be postmarked on or before February 21, 2005.

Submission as described is required in order for those elected to be eligible to receive credentials.

Forms not submitted properly will be referred to the Credentials Committee.

An envelope and certified mail slips are enclosed with your mailing for your convenience.

ELECTION OF DELEGATES AND ALTERNATES

Each local/council is urged to hold election of delegates and alternates, regardless of whether or not they will attend the RA, so that if a special NYSUT election were to be held during the year, the local/council would be entitled to representation at the special election. When a local does not bring its full complement of delegates to the Representative Assembly (RA), the local's votes shall be distributed as evenly as possible among its delegates present at the time of voting (votes shall not be fractioned).

A local's/council's election of delegates and alternates to the RA must be held under the provisions of the Landrum-Griffin Act and the NYSUT Constitution, which require that:

1. In no case may a delegate or alternate be appointed; delegates and alternates must be elected by secret ballot vote of the local's/council's members who are in good standing (dues must be current for the category to which they belong).
2. Each member, regardless of membership category, shall have a reasonable opportunity to be nominated as a candidate. Candidates must be in good standing. Landrum-Griffin does allow a local constitution or bylaw to restrict the rights of retired members.
3. Notice of the offices to be filled; the term of each office; the right to make nominations; and the time, place and proper form for the submission of nominations must be sent to each member at his/her last known address or be given a prominent place in the local's/council's publication and on bulletin boards.
4. Written notice of time and place of balloting must be mailed to each member in good standing at his/her last known home address at least fifteen (15) days prior to the election. The notice of nominations may be combined with the election notice.
5. Each candidate must be permitted to have an observer at the polls and at the counting of ballots.

PROCEDURE FOR FORMING COUNCILS OF LOCALS

As a result of a Constitutional Amendment adopted by the 2000 Representative Assembly, the Composition of the Representative Assembly was expanded to include:

"... representatives elected by councils of locals as recognized by the NYSUT Board of Directors."

Procedure

Locals with fewer than 100 members each, but in the aggregate fewer than 300 members from a contiguous geographic area, may form councils of locals for the exclusive purpose of electing a common delegate to the NYSUT Representative Assembly. Locals that form such a council under this section:

1. shall adopt a common identical resolution to establish the council in a regular meeting of such locals no later than three months prior to the NYSUT Representative Assembly; [3 months = Jan. 7, 2005]
2. shall nominate at the same meeting of each local a member or members, if any, for the council's delegate to the NYSUT Representative Assembly;
3. shall request recognition by the NYSUT Board of Directors no later than Jan. 28, 2005;
4. shall elect at a meeting of each such local or by mail ballot agreed to by all locals in the council and in conformity with federal law no later than Feb.14, 2005, a delegate and alternate, if any, by a secret ballot common to each local in the council listing all nominees and their local numbers, the nominee receiving the highest number of votes totaled among all locals in the council to be the delegate and the second highest, if any, the alternate;
5. shall forward properly signed credentials from each local in the council for the duly elected delegate and alternate, if any, of the council in time to reach the New York State United Teachers headquarters office no later than the published deadline for receipt of Election Certification Reports (ECR) for the NYSUT Representative Assembly; [ECRs due Feb. 21, 2005]
6. The voting strength of the council's delegate shall be based on the aggregate of the members in the locals, as defined in the NYSUT Constitution, that credential the council's delegate.

HOW TO DETERMINE THE NUMBER OF DELEGATES

Article VIII, Section 3, of the NYSUT Constitution governs representation and how the number of delegates is determined. Entitlement for locals is based on the average number of active members for whom a local has paid dues or agency fee at a minimum of one-eighth dues level for the membership period March 1, 2004, through February 28, 2005. Payment must be paid on or before March 18, 2005. Entitlement for retiree councils shall be three delegates per council.

Entitlement is indicated at the top of the enclosed ELECTION CERTIFICATION REPORT form.

NYSUT will notify you in January in the rare instance that the entitlement changes between now and the February 28, 2005, membership period ending date.

A president or other elected officer may serve as a delegate without holding a special election provided that:

1. He/she was elected to office by secret ballot according to Landrum-Griffin; AND
2. The constitution or bylaws state that one of the duties of his/her office is to be a delegate to the NYSUT Representative Assembly.

If provisions 1 & 2 above apply and the election of officers and the election of delegates are being conducted at the same balloting, the ballot must list both positions (for example: "President and Delegate to NYSUT RA").

REPORTING ELECTION RESULTS

The enclosed Election Certification Report form must be completed and sent to NYSUT Headquarters by certified mail or other receipt-providing delivery service and must be postmarked on or before February 21, 2005. Each delegate and alternate reported on that form will be sent an identification card immediately prior to the Representative Assembly. That card must be presented at the RA at registration in order to receive a badge.