The nomination and election of Orange ESPA officers will be conducted by U.S. Mail to a designated P.O. Box in accordance with the Orange ESPA Bylaws dated August 11, 2018, the Orange ESPA Policies Handbook dated February 3, 2016 and the Labor-Management Reporting and Disclosure Act of 1959, as amended. The rules of affiliate organizations shall also be followed when electing any member who shall hold voting rights to represent OESPA members within the affiliate organizations. The Elections Committee is responsible for conducting all elections.
The officers elected will serve a two-year term. The offices of President, Executive Vice President, Secretary/Treasurer, FEA Governance Board, and as per Article IV Section VII of the OESPA By-Laws Vice-Presidents for Custodial, Food Service, Maintenance, Para-Professionals, Secretarial/Clerical, Transportation, Uniform Security, Technology and (2) Transportation Directors (2) Paraprofessional Directors, (1) Clerical Director (1) Food Service Director and (2) Custodial Directors shall be subject to election in 2020 as provided for in the Bylaws. The term of office for those officers elected in 2020 will end on June 24, 2020. All delegate positions will be elected to a one-year term.
Officers, Directors and Delegates elected in 2020 will take office effective June 25, 2020.
Those individuals whom choose to run for the office of President, Executive Vice President and Secretary/Treasurer of OESPA shall be members in good standing of OESPA for two (2) years prior to the close of nominations for office. Additional eligibility requirements are defined in Article IV, Section III, A, B, and C of the OESPA Bylaws. Occupational Vice-Presidents and Directors shall be employed in job categories that they represent. Eligibility requirements will be considered by the Elections Committee subsequent to the current election and the committee will make a recommendation to the OESPA Board of Directors concerning potential revision to the existing Bylaw provision.
A nomination and election notice shall be mailed via US Postal Service to each OESPA member by no later than January 31, 2020. In addition to nomination forms, the notice shall include an elections calendar.
Those seeking office must sign the nomination form certifying their desire to be a candidate for office. In accordance with Article VIII.1.C. of the By-Laws, nomination forms must be received by the Elections Committee by no later than 5:00 pm on Thursday, March 2, 2020.
To be nominated for any position, a candidate must submit to the Elections Committee a petition containing the signatures of ten (10) percent of the membership of the constituency for office sought or twenty-five (25) members of the constituency, whichever is less as per Article VIII .C.2, 3, & 4.
Nomination form and petitions must be received no later than March 2, 2020 for review.
Forms must be:
The signed and dated nomination form will be considered acceptance of nomination and commitment to serve if elected.
The Elections Committee will review OESPA dues records to determine the eligibility of all nominees. Eligible nominees will be notified of their eligibility. Ineligible nominees will be advised of the reason(s) they are not eligible to run for office.
On Thursday, March 5, 2020, the Elections Committee will meet with all interested candidates at the OESPA office to discuss election procedures, distribution of campaign literature, observers, and other campaign rules. At this meeting, a drawing will be held to determine candidate position on the ballot. If a candidate is absent and does not have a representative at the meeting, an election committee member will represent the candidate in the drawing.
At this meeting, candidates will also be advised of the date, time, location of ballot counting and their right to have observers at each of this location.
Upon nomination and certification of eligibility for office, a member shall be considered a candidate for office and shall be provided a list of members, a copy of election policies and established election timelines. Announced candidates shall be provided an opportunity to address the stewards in attendance at a stewards meeting.
Candidates will be given an opportunity to provide a campaign statement and photo. Statements are limited to 150 words due by Tuesday, March 10, 2020. Statements and photos submitted by this deadline will be placed on the OESPA website exactly as submitted by the candidate. If the statement is greater than 150 words, only the first 150 words will be published.
All printed and/or non-printed campaign materials must bear the written identification of the candidate and will be submitted for review to the OESPA Elections Committee. As a general rule, all campaign materials must carry an identification of their source and sponsorship. For example, signs, banners, brochures, t-shirts and other clothing must contain such identification. In some cases, however, carrying such identification would be impossible or impracticable, e.g., where the item is too small, such as a small piece of candy. In such cases, the items in question must be distributed from a table or booth, or placed in some type of container, which clearly indicates that the campaign is their source of sponsorship.
The use of personal email addresses, personal phone numbers, or home addresses for campaigning purposes shall be considered a campaign violation and shall be investigated as such.
Any candidate and/or supporter is prohibited from using OCPS computers or the OCPS email system to create and/or distribute any campaign material.
Federal law prohibits the use of any union or employer funds to promote the candidacy of any person in a union officer election. This prohibition applies to cash, facilities, equipment, vehicles, office supplies, etc., of OESPA and any other union, and of employers whether or not they employ OESPA members.
Personal contact information of any member will not be released by OESPA.
Elected officers retain their rights as members to participate in the affairs of the organization, including supporting and working on behalf of candidates for office. However, such campaign activities may not involve the expenditure of OESPA funds. Accordingly, officers may not campaign on time that is paid for by OESPA. Nor may they use any OESPA funds, facilities, equipment, personnel working on OESPA time, stationery, newsletters, or any other association or union asset to assist them in campaigning.
Federal law also provides that candidates must be treated equally regarding the opportunity to campaign and that all members may support the candidates of their choice without being subject to penalty, discipline, or reprisal of any kind.
As provided in Article III. Section V. of the OESPA Bylaws, any OESPA member in good standing, as of March 12, 2020, will be eligible to vote in this election.
The ballots will be tallied by the Elections Committee on April 1, 2020.
A plurality of the votes cast by eligible voters shall be required to determine those elected. In case of a tie vote, the committee will adhere to Article VIII.D.4. in the OESPA By-laws.
Candidates are entitled to be present or have a designated representative present on their behalf at the tally of ballots. Observers must be members of OESPA. Candidates should submit the names of their observers in writing to the Elections Committee Chairperson by March 25, 2020. Note: One observer per candidate will be permitted to be present.
The election results will be posted at the OESPA office and on the OESPA website. Results will also be published in the first issue of the electronic OESPA newsletter subsequent to the election tally.
The Elections Committee is responsible for maintaining all nomination and election records for at least one year after the election, as required by federal law.
Candidates and members with questions about the nomination or election procedures should contact the chairperson of the Elections Committee. Any violation of these rules should be reported promptly to the Elections Committee so that corrective action can be taken, if necessary.
As provided for in the OESPA Policies Handbook, an election may be challenged for cause to include an expressed violation of any Bylaw or Policy. A written challenge may be registered with the Elections Committee Chair or the Administrator within five business days of the counting of ballots. The challenge shall be heard by the Committee in a timely manner. As provided for in Article VIII, Section 1. G., the Committee’s decision regarding a challenge may be appealed to the OESPA Board of Directors within one business day following the decision of the Committee. The OESPA Board of Directors shall be the final determiner of all disputes regarding the conduct of any elections.
The above rules are not all inclusive. Additional election rules or clarifications may be issued by the OESPA Elections Committee as needed during the nomination and election period.