Constitution / Bylaws

For purposes deemed wise and good, we, the faculty of the West Valley-Mission Community College District herewith form the Association of College Educators (ACE) of the West Valley- Mission Community College District, an organization whose goal is to represent fairly and equally all faculty in the West Valley- Mission Community College District in matters pertaining to employment and professional relations, pursuant to California State Law and our own sense of professional responsibility.

Article 16 CONFLICT OF INTEREST

16.1 Disclosure of Possible Conflicts

A conflict of interest is a circumstance that diminishes the independence of a responsible person such that discharge of duties will not be in the best interests of the union. All union officers and negotiators (“responsible persons’) shall by March 15 of each year complete a disclosure form reported to the membership by the Secretary identifying as of that date and for the prior twelve months, a) any relationships, positions or circumstances that each responsible person believes constitutes either an actual or apparent conflict of interest. Although not deemed to be a conflict of interest herein, the disclosure form shall also include release time received for the purpose of conducting union activities; and b) the full dollar value of direct and indirect compensation plus benefits, received from or offered by the District and not directly related to teaching duties or that have not been offered in the same
manner to the general membership as a whole. Failure to submit a disclosure form shall be considered as an apparent material conflict of interest.

Each responsible person shall also disclose any potential or actual conflict prior to each Executive Board or Committee action on a contract, agreement or transaction that may affect such responsible person. Such disclosure shall be reflected in the minutes of the meeting made available to the general membership.

16.2 Prescribed Actions

All responsible persons with an actual or apparent conflict of interest shall not participate in or be permitted to hear an executive board’s, council’s or committee’s discussion of the matter pertaining to or potentially affected by the conflict or participate directly or indirectly in negotiations. Such responsible persons shall not be counted in determining the presence of a quorum for purposes of a vote on the matter pertaining to the conflict; the remaining disinterested members of the council or committee, as the case may be, may vote on the matter. Such a person’s ineligibility to vote and reason therefore shall be reflected in the minutes of the meeting made available to the general membership.

An apparent conflict of interest resulting from failure to timely submit a disclosure form shall result in immediate suspension of all rights and duties, including those stated herein, for all executive board, negotiations, and committee activities of the responsible party failing to submit the form.  If, after 30 days from the due date, the form has not been submitted in the manner set forth in this article, the responsible party not submitting the form shall immediately relinquish his or her position and all union duties, and shall be replaced in the manner prescribed by this Constitution.

16.3 Disclosure Omission

If 30% of the Steward Council or a majority of the Executive Board have reasonable cause to believe a responsible person has failed to disclose actual or apparent conflicts at set forth in 16.1, they shall inform the responsible person in writing of the basis for such belief and afford the responsible person an opportunity to explain the alleged failure to disclose.

  1. Appearance of Conflict: If, after hearing the responsible person’s response and after further investigation as warranted by the circumstances, the Steward Council determines that the responsible person has failed to disclose an apparent conflict of interest, a quorum shall vote to determine if the appearance is material. If affirmed by simple majority and the appearance remains after 30 days, thereupon the prescribed actions of 16.2 shall apply, for all matters, until the Steward Council decides by majority vote that the appearance no longer exists.
  2. Actual Conflict: If, after hearing the responsible person’s response and after making further investigation as warranted by the circumstances, the Steward Council or Executive Board determine the responsible person has failed to disclose an actual conflict of interest, a quorum shall vote to determine if the conflict is material. If affirmed by a simple majority, thereupon the prescribed actions of section 16.2 above shall apply for all matters, until final outcome of a recall petition. The Executive Board or Steward Council shall immediately initiate a recall petition. If seventy-five (75) members sign the petition within ninety (90) days of the vote by the Steward Council, a general membership recall vote shall occur within one hundred twenty (120) days of the vote by the Executive Board or Steward Council. If the recall is affirmed by simple majority of votes cast, the responsible person shall be immediately removed from his/her position without the necessity for further action.