Appendix D

12/4/18

SENATE COMMITTEE ON COMMITTEES AND RULES

Revisions to Bylaws; Article VII Delegation of Authority, Section 1

(Legislative)

Implementation: Upon Approval By the Senate

Rationale:

The University Faculty Senate Constitution Article I, Section 1 establishes the Senate as the “sole legislative body representing the University faculty as a whole.” It further states that the Senate shall be “authoritative on all matters that pertain to the educational interests of the University (graduate and undergraduate resident instruction, research, and continuing education) and on all educational matters that concern the faculties of more than one college”

The University Senate Bylaws, Article VII, Section 1, grants the Senate the power to delegate its authority to “appropriate organized faculty bodies” subject to the approval of the University Senate Council.

“Authority for functions of the Senate as defined in Article I, Section 1, of the Constitution may be delegated in whole or in part to appropriately organized faculty bodies upon recommendation of the Senate Council and approval by the Senate in accordance with Article X, Section 1, of the Bylaws.” – University Faculty Senate Bylaws, Article VII, Section 1

University Faculty Senate Council considers approval of amendments to the Constitutions, Bylaws and Standing Rules of Units’ Faculty Governance Organizations. Guidelines for Faculty Governance Organizations are listed on the University Faculty Senate’s website.

The Senate Council has a duty to ensure that the core principles of faculty governance set forth in its Constitution bylaws and other core documents are reflected in the exercise of delegated authority by the units, but always with fidelity to the core principles and provisions of the Senate.

To ensure that this flexibility is appropriately exercised with fidelity to its own rules, the bylaws should set forth the limits within which these faculty bodies may exercise discretion. By clearly laying out the Senate’s expectations in the bylaws, Senate Council is better able to conduct its oversight responsibilities in the creation and maintenance of shared governance institutions to whom the Senate delegates authority.

Recommendation:

That Article VII, Section 1 of the Bylaws be and is hereby amended as follows:

Please note that the following contains bold text for additions. Added text is notated with [Add] [End Add].

Article VII – Delegation of Authority

Section 1

Authority for functions of the Senate as defined in Article I, Section 1, of the Constitution may be delegated in whole or in part to appropriately organized faculty bodies upon recommendation of the Senate Council and approval by the Senate in accordance with Article X, Section 1, of the Bylaws. Such delegation shall be limited to those functions appropriate to the faculty body concerned, and such delegations shall be specified in succeeding sections of this Article and shall be established in accordance with Article X, Section 1, of the Bylaws as interpreted by Senate Council. Legislative actions and minutes of all bodies to which authority has been delegated under Article VII shall be forwarded to the Chair of the Senate. Where appropriate, actions will be transmitted to the President following established procedures. The Executive Director is charged with assuring that review and transmittal to the Chair is made.

[Add] 

All faculty governance organizations to which the Senate delegates its authority shall draft its governance documents consistent with the Requirements and Recommendations for Faculty Governance Organizations set forth by the Senate Council. Those Requirements and Recommendations shall be read consistently with, and incorporate, the following basic requirements: 

(1) Unit governing documents may be known by whatever name is consistent with the traditions of the unit, and may be identified as constitutions, bylaws, standing rules and the like, as long as they are clearly identified as constituting the governing rules of the unit.

(2) The chair of the faculty governance organization shall be elected from the unit’s non-administrative faculty, either by the faculty of the unit or by the elected members of the faculty governance organization.

(3) The key functions of the leader of the unit’s faculty governance organization shall include, but are not limited to:

  • Presiding over meetings of the faculty governance organization
  • Setting the agenda for the meetings of the faculty governance organization
  • Overseeing the selection of committee members, their leadership, and their charges

[End Add] 

SENATE COMMITTEE ON COMMITTEES AND RULES

  • Jonathan Abel
  • Michael Bérubé
  • Renee Borromeo
  • Victor Brunsden, Vice-Chair
  • Ann Clements
  • Dennis Jett
  • Beth King
  • Binh Le
  • Richard Robinett
  • Nicholas Rowland
  • Keith Shapiro, Chair
  • Ann Taylor
  • Rodney Troester
  • Matthew Woessner