Academic Senate Bylaws
ARTICLE I
Definitions
Section 1. Definitions The following terms are to be understood in the restrictive and technical sense herein defined.
A. Faculty Member: Any employee of a community college district who is employed in an academic position that is not designated as supervisory or management.
B. Academic Senate: As defined in Title 5 “An Academic Senate for California Community Colleges has been established through ratification by local academic senates or faculty councils so that the community college faculty of California may have a formal and effective procedure for participating in the formation of state policies on academic and professional matters” (Title 5, Section 53206, California Code of Regulations).
C. Member Senate: A local academic senate or equivalent faculty organization certified by the Executive Committee of the Academic Senate for California Community Colleges.
D. Equivalent Faculty Organization: Any organization of faculty members which, where a local academic senate does not exist, has among its primary purposes those enumerated for an academic senate under Title 5 of the Administrative Code, and has been certified as a Member Senate by the Executive Committee of the Academic Senate for California Community Colleges.
E. Delegate: An individual who,
(1) by reason of election as an officer or member of the Executive Committee or,
(2) by selection by a Member Senate, enjoys full voting rights at both regular and special general sessions of the Academic Senate for California Community Colleges. Any individual claiming Delegate status must also be in compliance with the provisions of Article II, Section 2.
F. Executive Committee: The officers and representatives elected by Delegates.
G. Senator Emeritus: A title conferred by the Academic Senate for the purpose of recognizing the meritorious service of a faculty member upon or after retirement. i. Criteria Emeritus status may be conferred upon a current or former faculty member
1. Who has completed at least five (5) years of significant service to the Academic Senate;
2. Who is recognized for exceptional contributions supporting the aims and functions of the Academic Senate; and
3. Who has retired or submitted intent to retire within six months of the nominating resolution.
ii. Selection
1. Senator emeritus status is conferred by resolution. Resolutions for emeritus status must come from area meetings
H. Plenary Session: The bi-annual three-day event at which the Academic Senate conducts its business.
I. General Session: A single scheduled meeting held during the plenary session. There are five general sessions during the each plenary session.
ARTICLE II
Membership
Section 1. Membership
The academic senate of each of the California Community Colleges and the district academic senate of multi-college districts, or their equivalents, are Member Senates. Any academic senate recognized by its local governing board as representing its faculty in academic and professional matters (as defined in Title 5 §53200) may apply for status as a Member Senate. The Executive Committee will certify such academic senates as Member Senates upon verification of the following:
1. A majority of full-time faculty members of a college or recognized center have voted in favor of forming an academic senate (Title 5 §53202 (a)).
2. The applying senate has a constitution and/or bylaws approved by the faculty it represents.
3. The governing board of the college or recognized center recognizes that organization as representing its constituency in academic and professional matters.
4. If a district academic senate is a Member Senate, that district senate recognizes the applying academic senate as representing the faculty of the college or recognized center it claims to represent.
Section 2. Delegates
Each Member Senate is entitled to designate any of its faculty members, in whatever manner it wishes, to be its one Delegate, who shall have full voting rights at each plenary session. The Delegate may transfer the responsibility for voting on resolutions, but not on elections, to a faculty member from the same district. Executive Committee members do not have the same right to transfer this responsibility. No Delegate shall be entitled to more than one vote, and a vote cannot be cast by proxy. In the event of a challenge, the Executive Committee shall be the sole judge of the credentials of a Delegate.
Section 3. Plenary Sessions The Academic Senate for California Community Colleges shall meet in plenary session at least two times during each academic year.
ARTICLE III
Officers
Section 1. List of Officers
The officers of the Academic Senate shall include the President, Vice President, Secretary, and Treasurer. All officers shall be elected at a general session of the Academic Senate for California Community Colleges for one-year terms. The term of all officers shall be July 1 to June 30.
Section 2. Vacancy in Office
A vacancy in office shall be filled in accordance with the Senate Rules.
Section 3. President's Term
The President shall serve no more than two consecutive elected one-year terms.
ARTICLE IV
Executive Committee
Section 1. Membership
The Executive Committee shall consist of the officers and ten representatives. All Executive Committee members must retain their faculty status to continue in office.
Section 2. Selection and Term
All candidates for election to the Executive Committee shall meet at least one of these criteria:
1) is a Delegate or a local senate president
2) has within the last three years immediately preceding the election been a local senate president or an Executive Committee member or officer or
3) has been nominated by a resolution of a Member Senate. The minutes of the meeting at which that resolution was adopted must be submitted to the Elections Committee chair with the nomination of the individual. All members of the Executive Committee, except the officers, shall be elected by the plenary session on the basis of geographic representation as prescribed in the Senate Rules and shall serve for two-year staggered terms. Terms of office shall commence on July 1 and end on June 30.
Section 3. Voting
All members of the Executive Committee shall have full voting privileges in the Executive Committee.
Section 4. Vacancy in Office
A vacancy in office shall be filled in accordance with the Senate Rules.
Section 5. Meeting
The Executive Committee shall meet no fewer than five times each academic year.
Section 6. Powers and Duties
The Executive Committee shall adopt procedures, implement policies adopted at the plenary sessions, transact business, and perform other functions that are not inconsistent with the intent, purposes, and provisions of the Bylaws and Senate Rules.
ARTICLE V
Committees and Appointments
Section 1. Committees
Standing committees shall be specified in the Senate Rules. Subject to the approval of the Executive Committee, the President shall create all other committees and make appointments to all committees.
Section 2. Committee Chair
The Chair of each committee shall be selected for that position by the President with the approval of the Executive Committee.
Section 3. Special Assignments
With the approval of the Executive Committee, the President may assign individuals special tasks.
Section 4. Terms and Removal
The terms of all persons appointed to committees or special assignments shall be for one year or any shorter period specified by the President. No person may serve more than two consecutive terms on any one committee unless such appointment is approved by the Executive Committee. Any appointee can be removed by a simple majority vote of the Executive Committee.
ARTICLE VI
Caucus
Any group of at least ten members from at least four different colleges and at least two districts with common goals and/or interests may form a caucus by sending a letter to the President, including its name, statement of purpose, and list of members. Recognition as a caucus shall be achieved by verification by the Executive Committee that the caucus’ goals and purpose are related to academic and professional matters and notification to the body through normal communication channels. Each May, caucuses will inform the President of their intent to remain active and provide a current list of membership. If a caucus fails to alert the President of the desire to stay active, the caucus shall be disbanded and a new letter of intent will need to be created to re-establish a new caucus. The intent is to have caucuses that are active and represent current faculty in California community colleges. Caucus chairs should be elected annually at the first fall meeting of the caucus and submit meeting minutes to the Senate Office.
ARTICLE VII
Action
Section 1. Quorum
A quorum for the conduct of the Executive Committee and all other committees shall consist of a number equal to the majority of the membership. A quorum for the conduct of a plenary or special session of the Academic Senate for California Community Colleges shall be a majority of the Delegates registered.
Section 2. Resolution Process
The Academic Senate shall establish and maintain means by which to adopt resolutions.
Section 3. Referendum
A. Any adopted resolution of the Academic Senate for California Community Colleges may be rescinded by a referendum of the Member Senates, (see Article I, Section 1.C). The Academic Senate must receive proposals to rescind within 60 days after the plenary session at which the resolution in question was adopted. A proposal to rescind must be in the form of a Member Senate resolution signed by the Member Senate president. Such a referendum shall be held if at least one-fifth (1/5) of the Members request it within 60 days after the mailing of the adopted resolutions packet of the session at which the resolution was adopted.
B. Upon receipt of such requests from at least 1/5 of the members, the President shall mail ballots on the referendum to each Member Senate within 30 days of receiving the needed number of requests.
C. Ballots must be returned to the Academic Senate within 90 days from the day the ballots were mailed. The referendum shall pass if the majority of all the Member Senates vote in favor of it. The Academic Senate Resolutions chair will certify the results.
D. If the referendum is approved, then the resolution of the plenary session is rescinded and becomes null and void.
Section 4. Communications
In order to provide adequate communication with the faculty of the California Community Colleges, the Academic Senate shall make available to all faculty agendas and minutes of its meetings, committee reports and other pertinent information on pending matters.
ARTICLE VIII
Amendments of the Bylaws
Section 1. Proposal
Proposed amendments to these Bylaws shall become part of the plenary session agenda upon receipt by the President of a resolution in the form of:
A. A petition of one-fifth (1/5) of the Member Senates, or
B. A petition of the majority of the Executive Committee, or
C. A petition presented at any of the first four general sessions and signed by a majority of registered Delegates present at the general session at which it was proposed. A petition under A or B above must be received in time to be noticed in writing to the Member Senates for discussion at pre-plenary session area meetings.
Section 2. Ratification
The resolution for amending the Bylaws shall require a two-thirds (2/3) vote of the registered Delegates present and voting.
ARTICLE IX
Procedures
Section 1. Senate Rules
The Academic Senate for California Community Colleges shall adopt Rules to implement the intent and purposes of these Bylaws. In cases not provided for in the Senate Rules, the procedures contained in Robert's Rules of Order, Newly Revised, shall govern the meetings of the plenary sessions and Senate committees.
Section 2. Adoption
Senate Rules shall be adopted by resolution. Senate Rules may be changed by resolution.
THE ACADEMIC SENATE RULES
I. Election Rules and Procedures
A. Composition of the Executive Committee
1) The Executive Committee shall consist of Officers and Representatives.
2) Officers include the President, Vice President, Secretary, and Treasurer.
3) Ten Representatives.
B. Elections of Officers
1) Officers. Each Officer will be elected to the Executive Committee by balloting from all Delegates.
C. Terms of Office
1) Terms for Officers shall be one year.
2) Terms for representatives shall be two years.
3) Terms for representatives shall be staggered as follows. Even-numbered year elections will select the Area B and C representatives, one representative each from the North and South regions, and one of the At-Large representatives. Odd numbered year elections will select the Areas A and D representatives, one representative each from the North and South regions, and one of the At-large representatives.
D. Schedule
1) The annual election shall take place on the last day of the Spring Plenary Session.
2) If there is a vacancy on the Executive Committee, a special election to fill that vacancy may be held on the last day of the Fall or Spring Plenary Session. Any special election will be held following all regularly scheduled elections.
3) The time at which balloting will begin shall be announced in the printed agenda. The first ballot shall not be held earlier than the announced time.
E. Nominations
1) Nominations may be made in two ways:
a. In writing and delivered to the Chair of the Elections Committee;
b. From the floor at a general session designated for such floor action. The general session for floor nominations should be published in the agenda, and all nominations are closed at the end of that general session.
2) Nominations may be made only with the consent of the nominee.
3) Nominees shall indicate whether they wish to stand for other positions for which they are eligible if they do not prevail for the office nominated.
4) The Elections Committee shall provide, at the time of the elections, an announcement board that indicates Officers and Executive Committee members. This announcement board will be updated as new Executive Committee members are elected, and as vacancies occur.
F. Delegates Registration Delegates must sign in by Saturday morning no later than 8:15 a.m.
G. Elections Procedures
1) The process by which the election will be conducted shall be distributed in writing prior to the day of the election.
2) Each ballot shall proceed as follows: Tellers shall distribute ballots to those Delegates eligible to vote for the specific office being contested.
a. The Delegate shall mark the ballot, seal it, sign it, and return it to the tellers.
b. The tellers shall retire to another room and shall compare the signatures on each ballot against the signatures on the list of Delegates eligible to vote, setting aside any ballots not submitted by a Delegate eligible to vote. Then, all ballots shall be counted.
c. The specific process by which the election will be conducted, including the grounds and process for appeal of specific ballot results, shall be distributed in writing prior to the day of the election.
3) To be elected, a candidate must receive a vote from a majority of those delegates present and voting.
4) In the event no candidate for a position receives a majority, the run-off will be limited to the top two candidates with the largest number of votes, including all ties.
5) The order of the election shall be as follows: President, Vice-president, Secretary, Treasurer, Area Representatives, North Representative, South Representative, and At-Large Representative.
6) Any candidate may observe or select someone to observe the counting of votes for the ballot or ballots on which the candidate's name appears.
7) A candidate for election may not chair the Elections Committee or participate in the distribution, collection, or tallying of votes.
8) If a candidate runs unopposed, the candidate may be elected by acclamation. The motion to be elected by acclamation must be moved and seconded by Delegates from the floor and must be approved by the body.
9) Ballots shall be kept in the Senate archives until the next election.
II. Vacancies on the Executive Committee
A. Vacancies on the Executive Committee may be filled by interim appointment in accordance with Executive Committee procedures. Appointees shall be selected from nominations submitted by Member Senates in the area in which the vacancy occurs. Nominees must meet the requirements for serving on the Executive Committee as defined in Article IV, Section 2.
B. Positions filled by appointment shall be filled by election at the next plenary session.
C. Failure to attend either two successive meetings or six days total of Executive Committee meetings per year shall be deemed a resignation.
III. Officers' Powers and Duties
A. The President shall
(1) Be responsible for the preparation of the agenda for all plenary sessions and all Executive Committee meetings.
(2) Preside over all plenary sessions and Executive Committee meetings.
(3) Represent and act as the spokesperson for the Academic Senate and its Executive Committee.
(4) Have the sole power to authorize expenditures for the Academic Senate.
(5) Appoint a parliamentarian who shall serve at the pleasure of the President.
(6) Perform any other function normally thought to be within the realm of a presiding officer that is otherwise not denied by the Bylaws, Senate Rules, or Executive Committee Rules.
B. The Vice President shall
(1) Act as President in the absence of that officer.
(2) Succeed to the Presidency in the event of the vacancy of that office.
(3) Perform such functions as the President assigns to assist in carrying out the purposes and policies of the Academic Senate.
C. The Secretary shall
(1) Be responsible for keeping for keeping records of executive committee actions, including the overseeing the taking of minutes at Executive Committee meetings and plenary sessions.
(2) Be responsible for the accuracy and presentation of minutes of all plenary sessions and Executive Committee meetings and their dissemination.
(3) Perform such functions as the President assigns to assist in carrying out the purposes and policies of the Academic Senate.
D. The Treasurer shall
(1) Serve as an authorized signatory on all accounts.
(2) Shall, in conjunction with the executive director, oversee the budget preparation and shall ensure that appropriate financial reports are made available to the executive committee on a timely basis or as may be required by the executive committee.
(3) Oversee and keep the delegates and executive committee informed about the financial condition of the organization and of audit or financial review results.
(4) Oversee the internal controls of the organization.
(5) Be responsible for annually recommending a Certified Public Accountant to perform an audit of the financial records of the organization.
(6) Chair a committee for the purpose of drawing up the annual budget and hiring the auditor.
(7) Perform such functions as the President assigns in carrying out the purposes and policies of the Academic Senate.
E. The Executive Director
(1) The Executive Committee shall employ an Executive Director to conduct day to day management of the Senate.
(2) The Executive Committee shall select an Executive Director pursuant to a majority vote at a regularly scheduled or special meeting.
(3) The Executive Committee may terminate an Executive Director pursuant to a majority vote at a regularly scheduled or special meeting. Prior to any such decision, the President must review the contract with the Executive Director and receive advice from a qualified attorney as to any legal consequences of this decision.
IV. Relationship between the Academic Senate and the Academic Senate Foundation
A. The Foundation shall exist at the will of the Academic Senate Executive Committee.
B. The Academic Senate shall serve as the sponsoring association for the Foundation, and any action undertaken by Academic Senate Foundation may be reviewed and discussed by the Academic Senate Executive Committee.
C. The Foundation shall report monthly and submit an annual fiscal report to the Academic Senate Executive Committee.
D. The Foundation may seek and utilize administrative support from the Academic Senate.
E. No section of these by laws shall be construed to authorize or acknowledge any control by the Academic Senate over actions taken by the Foundation or to impose any responsibilities or duties upon the Academic Senate of the actions taken by the Foundation or its members during their terms in office.
F. In the event that the Academic Senate terminates the Foundation, all the remaining assets and property of the Foundation, after payment of all liabilities and necessary expenses, shall be distributed to such organizations consistent with the purposes stated in its bylaws, and subject to statutory or other legal requirements of the State of California. Such final distribution shall be made by a majority vote of the Foundation Board.
V. Committees
A. Standing Committees:
1. Accreditation Committee
2. Student Learning and Assessment Committee
3. Basic Skills Committee
4. Counseling and Library Faculty Issues Committee
5. Curriculum Committee
6. Educational Policies Committee
7. Equity and Diversity Action Committee
8. Faculty Development Committee
9. Legislative and Governmental Relations Committee
10. Noncredit Committee
11. Occupational Education Committee
12. Relations with Local Senates Committee
13. Research Committee
14. Standards and Practices Committee
15. Technology Committee
16. Transfer and Articulation Committee
B. Operational Committee
1. Elections Committee
2. Budget and Finance Committee
3. Resolutions Committee
Ratified: March 7, 1969
Amended/Ratified: November 7, 1992
Amended/Ratified: November 4, 1995
Amended/Ratified: November 1, 1997
Amended/Ratified: April 25, 1998
Amended/Ratified: April 15, 2000
Amended/Ratified: October 28, 2000
Amended/Ratified: November 1, 2003
Amended/Ratified: April 17, 2004
Amended/Ratified: April 9, 2005
Amended/Ratified: November 3, 2007
Amended/Ratified: November 8, 2009
Amended/Ratified: April 17, 2010
Amended/Ratified: November 13, 2010
