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CONSTITUTION

FOR

KANSAS ORGANIZATION OF STATE EMPLOYEES

LOCAL 300

ARTICLE I
NAME

The name of this organization shall be Kansas Organization of State Employees


(KOSE), Local Number 300 of the American Federation of Teachers, AFL-CIO (AFT) and
the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME).

ARTICLE II
AFFILIATIONS

This local union shall be affiliated with the appropriate state bodies of AFSCME and
AFT as determined by AFSCME and AFT, respectively; the Kansas State Federation of
Labor, AFL-CIO; and the appropriate central or area bodies of the AFL-CIO.

ARTICLE III
OBJECTIVES

The objectives of this local union shall be to promote the economic and social interests of
Kansas state employees and their families; to promote improved working conditions for
Kansas state employees and to improve the delivery of quality government services; to
promote collective bargaining rights for those eligible for membership in this organization;
and to carry out on a local basis the objectives of the American Federation of State,
County and Municipal Employees and the American Federation of Teachers.

ARTICLE IV
MEMBERSHIP AND DUES

Section 1. All full and part-time executive branch employees of the State of Kansas,
excluding employees working in higher education regents institutions; all full-time
executive, managerial and professional employees of KOSE; and such other workers as
AFT and AFSCME may jointly assign to KOSE are eligible for membership in this local
union, subject to the requirements of the Constitutions of AFT and AFSCME.

Section 2. Application for membership shall be made on a standard application form.


Unless such form includes a valid authorization for payroll deduction of dues, the
application shall be accompanied by the current month's dues.
Section 3. The bi-weekly membership dues of the local shall be 1.1 per cent of the base
pay of each member, but not more than $16.15. Effective January 1, 2010, this rate shall
increase to 1.25 per cent of the base pay of each member, but not more than $18.46;
effective January 1, 2011, this rate shall increase to 1.35 per cent of the base pay of each
member, but not more than $20.77; and effective January 1, 2012, this rate shall increase
to 1.5 per cent of the base pay of each member, but not more than $23.07. Beginning in
January 2013, and each January thereafter, the maximum amount of dues payable
pursuant to this section shall be adjusted by the percentage increase in the AFSCME
minimum dues rate determined pursuant to Article IX, Section 7 of the AFSCME
International Constitution.

Section 4. Membership dues shall be payable monthly in advance to the local treasurer
and in any event shall be paid not later than the 15th day of the month in which they
become due. Any member who fails to pay dues by the 15th day of the month in which
they become due shall be considered delinquent, and upon failure to pay dues for two
successive months shall stand suspended. Provided, however, that any person who is
paying dues through a system of regular payroll deduction shall for so long as such person
continues to pay through such deduction method, be considered in good standing.

Section 5. A member suspended under the above section may be reinstated to


membership in the local on payment of the current month's dues.

Section 6. No person shall be denied membership, nor shall this organization ever
discriminate against individual members or applicants for membership on the basis of
race, creed, sex, sexual orientation, disability, social, political, or economic status, or
national origin.

ARTICLE V
MEETINGS

Section 1. Beginning in 2010, regular meetings of this local shall be held once each
year, at a time and place to be fixed by the membership or the local executive board
between September 1 and October 31.

Section 2. Special meetings may be called by the local president, the local executive
board, or by petition filed with the president and signed by 25% of the members of the
local. Special meetings may also be called by the International Presidents of AFT and
AFSCME, acting jointly, or by an authorized representative of the International Presidents.

Section 3. The quorum for meetings of this local shall be 2% of the membership in
good standing.

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ARTICLE VI
OFFICERS, NOMINATIONS, AND ELECTIONS

Section 1. The officers of this local shall be a president, a vice-president, a recording


secretary, a treasurer, an executive director and executive board members elected by and
from the membership of KOSE, except as provided in Section 4 of this Article, in each of
the bargaining units represented by KOSE as provided in Section 2 of this Article, and
these officers and executive board members shall constitute the local union executive
board. All officers and executive board members shall be elected for a term of two years;
except that, those elected in the initial election held in this local shall serve a term expiring
upon the installation of the officers elected in the election held immediately after the
regular meeting of the local to be held in 2011.

Section 2. Executive board members shall be elected by and from the membership of
KOSE in each of the bargaining units represented by KOSE. Each certified bargaining
unit shall be entitled to elect one executive board member for each 200 KOSE members,
or fraction thereof, employed in that bargaining unit as of the second full month preceding
the month in which the nominations are held. For purposes of this section, all KOSE
members employed in units for which KOSE is not certified, shall be deemed to be
employed in a single unit, which shall be entitled to elect executive board members based
on the combined total number of KOSE members employed in such unit as of the fourth
full month preceding the month in which the elections are to be held. In the first election in
which KOSE has achieved a total membership of 5,000 and maintained that level for at
least twelve consecutive months by the fourth full month preceding the month in which
elections are scheduled to be held, executive board members shall be allocated to each
bargaining unit on the basis of one executive board member for each 500 members, or
fraction thereof, employed in that bargaining unit. Thereafter, executive board members
shall be allocated to the bargaining units on that basis. Upon certification of KOSE as the
representative of a new bargaining unit, that unit shall be allocated executive board
members in accordance with this Section and those positions shall be filled by the
executive board in accordance with Section 7 of this Article until the next regular election
of officers.

Section 3. Nominations shall be made at the regular meeting of the local held in the
odd-numbered years. At least fifteen days' advance notice shall be given the membership
prior to the nomination meeting. All regular elections shall be held by mail ballot within 21
days after the conclusion of the meeting at which nominations are held.

Section 4. Except for the office of executive director, to be eligible for office, a member
must be in good standing for one year immediately preceding the election, except in the
initial election held in this local; provided, however, that no retired member shall be a
candidate for office. For a member who is transferred or promoted into this local from
another AFSCME or AFT local, this requirement shall be satisfied if such member's
combined membership in good standing in both locals is one year at the time of election.
To be eligible for the office of executive director, a candidate must be or become promptly
after election a member in good standing of KOSE and, in addition, must have graduated
from a four year college with a BA or BS degree and have at least three years’ experience
in labor relations or other relevant union employment.

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Section 5. Officers shall be elected by secret ballot vote, and the balloting shall be so
conducted as to afford to all members a reasonable opportunity to vote. At least fifteen
days' advance notice shall be given the membership prior to the holding of the election.
This requirement shall be deemed to have been met if the ballots are mailed to members
eligible to vote at least twenty days prior to the deadline for return of the ballots.

Section 6. All matters concerning nominations and elections in this local union shall be
subject to the provisions of Appendix D, entitled Elections Code, of the AFSCME
International Union Constitution. Slate voting shall be permitted in KOSE elections. In the
event that KOSE is to be represented by more than two delegates in any conference or
convention, such additional delegates shall be elected in accordance with this constitution,
applicable law, and the governing rules of the convening organization, to the extent that
such rules may be applicable.

Section 7. Vacancies in office shall be filled for the remainder of the unexpired term by
vote of the executive board. Vacancies in the position of executive board member from a
bargaining unit shall be filled from among the eligible members of KOSE employed in that
bargaining unit.

Section 8. Every officer shall, upon assuming office, subscribe to the Obligation of an
Officer contained in Appendix A of this constitution. An elected officer may be suspended
from office as provided in Article IX, Section 48 of the AFSCME Constitution and shall be
subject to disciplinary action on the grounds and pursuant to the procedures specified in
Articles X and XI of the AFSCME Constitution.

ARTICLE VII
DUTIES OF OFFICERS AND EXECUTIVE BOARD

Section 1. The president shall:

a. preside at all meetings of the local union and of the executive board.

b. be a member of all committees except election committees.

c. countersign all checks drawn against the funds of the local.

d. appoint all standing committees and all special committees of the local,
subject to the approval of the executive board.

e. sign all contracts entered into in the name of the local.

f. serve as the local’s first automatic delegate to all conferences and


conventions at which the local is entitled to representation.

g. report periodically to the membership regarding the progress and standing of


the local and regarding the president's official acts.

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Section 2. The vice-president shall:

a. assist the president in the work of the president's office.

b. in the absence of the president or in the president's inability to serve, preside


at all meetings and perform all duties otherwise performed by the president.

c. upon approval by the local executive board, be authorized to act as co-


signer of checks drawn on the local funds in place of either the president or
the treasurer.

Section 3. The recording secretary shall:

a. keep a record of the proceedings of all membership meetings and of all


executive board meetings.

b. carry on the official correspondence of the local, except as the executive


board may direct otherwise.

c. perform such other duties as the executive board may require.

Section 4. The treasurer shall:

a. receive and receipt for all monies of the local union.

b. deposit all money so received in the name of the local union in a bank or
banks selected by the executive board, and money so deposited shall be
withdrawn only by check signed by the president and the secretary-
treasurer.

c. prepare and sign checks for such purposes as are required by the
constitution or are authorized by the membership or the executive board.

d. prepare and submit the monthly membership report to AFT and AFSCME
and see that a check is drawn in payment of the local's per capita tax each
month and sent to the Secretary-Treasurers of AFT and AFSCME.

e. keep an accurate record of receipts and disbursements and shall, once each
month, submit to the membership a monthly operating statement of the
financial transactions of the local for the previous month.

f. act as custodian of all properties of the local union.

g. give a surety bond for an amount to be fixed by the executive board of the
local union, at the expense of the local union and through either AFT or
AFSCME.

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h. see that any financial reports required by the International Union
Constitutions of AFT and AFSCME to be submitted to the International
Unions, respectively, are submitted in accordance with the International
Union Constitutions.

Section 5. The executive director shall be the full-time chief executive and
administrative officer of the local and shall:

a. direct all negotiations with employers.

b. direct all organizing activity of the local.

c. carry out the local’s legislative program.

d. be responsible for the content of the local’s publications and public


statements.

e. be the local’s official spokesperson.

f. subject to policies established by the executive board, employ, assign,


supervise and terminate, and establish the compensation and other terms
and conditions of employment, of such clerical, technical and other staff as
may be necessary to carry out the activities of the local.

g. establish personnel policies, subject to the approval of the executive board,


and administer such policies in a fair and equitable manner.

h. engage legal counsel and such technical and professional services as may
be needed in accordance with policies established by the executive board.

a. execute the policies of the local, as determined by the executive board and the
membership, and be responsible for their observance by the local’s staff.

b. in advance of each fiscal year, submit a proposed budget to the executive board, which
budget shall be subject to revision and approval by the executive board, and ensure that
there is no significant deviation from the budget without the prior approval of the executive
board.

c. serve as the local’s second automatic delegate to all conferences and conventions at
which the local is entitled to representation.

d. report to the membership and the executive board on the activities of the local and submit
plans and proposals to meet the current and future needs of the local.

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Section 6. The finances of the local, including the finances concerning any
health and welfare, pension, insurance or other benefit programs covering
members of the local, shall be audited at least annually, and more frequently if
directed by the executive board, by a certified public accountant appointed by
the executive director with the approval of the executive board. Promptly after
completion of the audit, copies of the audit report shall be provided to each
executive board member and each chapter and shall be sent to AFT and
AFSCME.

Section 7. The executive board shall be the governing body of the local union
except when meetings of the local union are in session. All matters affecting
the policies, aims and means of accomplishing the purposes of the local not
specifically provided for in this constitution or by action of the membership at a
regular or special meeting shall be decided by the executive board. The board
shall meet quarterly or at the call of the president or of a majority of the
members of the board. In the event that it becomes necessary that the
executive board act on an emergency basis, a special meeting of the executive
board may be held by telephone conference call. A report on all actions taken
by the executive board shall be made to the membership at the next following
meeting. A majority of the members of the executive board shall be required for
a quorum. An officer or executive board member who is absent from three
executive board meetings during a single term or office without excuse
acceptable to the board shall be declared to have vacated such office and the
vacancy shall be filled in accordance with Article VI, Section 7 of this
constitution. Each newly elected officer and executive board member who has
not previously successfully completed steward training shall attend such training
within six months of assuming office. The executive board shall establish the
compensation and other terms of employment of the executive director.

ARTICLE VIII
CHAPTERS

Section 1. The executive board may establish chapters on a bargaining unit


and/or geographic basis; provided that no chapter shall be established with
fewer than 50 members. If chapters are established, the executive board shall
adopt such rules as may be necessary and appropriate for the conduct of such
chapters, which rules shall not be inconsistent with this constitution or the
constitutions of AFT and AFSCME.

Section 2. The executive director shall be responsible for making determinations


as to the assignment of members to the appropriate chapter, subject to an
appeal to the executive board.

Section 3. The local shall set aside for use by each chapter a minimum of $0.50
per member per month, but no less than $25 per month for each chapter, from
the dues payments received from each chapter’s respective membership. All
chapter funds shall be deposited into a chapter bank account maintained by the
local and the treasurer shall keep a separate accounting of the funds on deposit
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for each chapter. Chapter funds may be withdrawn from those set aside by the
local only by submission of a written request signed by the appropriate officials
of the chapter, in accordance with rules established by the local executive
board. Such requests shall be submitted to the treasurer, who shall make the
payment requested if the chapter has sufficient funds available and the payment
has been properly authorized by the chapter. Funds will be disbursed on behalf
of the chapter in the form of a check properly signed by the officers of the local.

Section 4. Each chapter shall elect a chapter executive board that consists of a
chapter chair, a chapter vice chair and at least three chapter executive board
members. All requests for the expenditure of chapter funds shall be approved
by the executive board or membership of the chapter and shall be signed by the
chapter chair and vice chair.

ARTICLE IX
COMMITTEES AND STEWARDS COUNCIL

Section 1. There shall be established a PEOPLE/COPE Committee for the


purpose of considering the local’s position on issues and making endorsements
of candidates for public office. To the extent possible, the membership of this
committee shall be appointed in a manner that provides representation to
different legislative districts. To the extent applicable, the PEOPLE/COPE
committee shall act in accordance with the Joint Fundraising Agreement
between AFT and AFSCME.

Section 2. The president, with the approval of the executive board, shall
establish such other committees as may be necessary to carry out the purposes
of the local union. Except as otherwise provided in this Article, such committees
shall include at least one member from each of six geographic areas
established by the executive board, which areas shall be co-extensive with the
KDOT districts unless the executive board determines otherwise. The chair or
co-chairs of each committee shall be designated by the president.

Section 3. A stewards committee shall be established, which shall consist of


one steward from each bargaining unit represented by KOSE. The stewards
committee shall be responsible for determining which grievances are taken to
arbitration by the local. The executive director shall be an ex-officio member of
the stewards committee.

ARTICLE X
MISCELLANEOUS PROVISIONS

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Section 1. This local union shall at all times be subject to the provisions of the
constitutions of the American Federation of State, County and Municipal Employees and
the American Federation of Teachers.

Section 2. Except to the extent specified in this constitution, no officer of the local union
shall have the power to act as agent for or otherwise bind the local union 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 local union except to the extent specifically
authorized in writing by the president of the local union or by the executive board of the
local union.

Section 3. The rules contained in the current edition of Robert's Rules of Order, Newly
Revised, shall govern this local union in all cases to which they are applicable and in which
they are not inconsistent with this constitution and special rules of this local union or of the
American Federation of State, County and Municipal Employees or the American
Federation of Teachers.

ARTICLE XI
AMENDMENTS

Section 1. This constitution may be amended, revised, or otherwise changed by a


majority vote of the members voting on such proposed change at a regular or special
membership meeting, subject to ratification in a mail ballot vote held in accordance with
Section 4 of this Article. Proposed amendments to this constitution must be submitted in
writing to the local at least sixty days before the meeting at which the amendment is to be
considered and mailed to each member of the local at least thirty days before such
meeting. A written copy of the proposed amendment shall be furnished to every eligible
voter at the meeting at which the vote is taken.

Section 2. Any proposed amendment to this constitution that is not submitted or


distributed in accordance with Section 1 of this Article may be adopted only by a two-thirds
vote of the membership voting at a regular or special membership meeting, subject to
ratification in a mail ballot vote held in accordance with Section 4 of this Article; provided
that no amendment shall be considered unless it has been submitted in writing to the local
at least seven days before the meeting at which the amendment is to be considered.

Section 3. The executive board shall review and make a recommendation to the
membership on any proposal to amend this constitution.

Section 4. Any proposed amendment approved in accordance with Section 1 or 2 of


this Article shall be submitted to the membership for a mail ballot ratification vote within
sixty days after its approval. Each member shall be sent a package that contains a ballot,
a copy of the proposed amendment, a brief explanation of the amendment prepared by
the executive director, the executive board’s recommendation on the adoption of such
amendment, and a postage-paid return envelope. A majority of the votes cast in such
ratification vote shall be required for final adoption of the amendment and such change
shall take effect only upon written approval of the International Presidents of AFSCME and
AFT.
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APPENDIX A
OBLIGATION OF AN OFFICER

I,____________, promise and pledge that I will perform faithfully and with honor the
duties of the office which I now assume in the American Federation of State, County
and Municipal Employees and the American Federation of Teachers. I pledge to fight
for a society where all workers can seek economic and social justice through
participation in their union and our democracy. I will work for these goals by organizing
unorganized workers, mobilizing workers to participate in the political process, and
fighting to gain and defend the best possible working standards through contracts and
legislation. I acknowledge that it is a privilege to serve in this office and I promise that I
will deliver to my successor in office all books, papers and other property of this union
which are in my possession at the close of my official term.

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