WHEREAS Assembly Bill 1725 (Chapter 973, Statutes of 1988) enacted a new structure of community college governance; and
WHEREAS AB 1725 granted responsibility to the Board of Governors of the California Community Colleges to establish minimum standards designating procedures to be established by governing boards of community college districts to ensure faculty the right to participate effectively in district and college governance [Ed Code S 70901(b)(l)(E)]; and
WHEREAS said regulations were adopted by the Board of Governors July 12-13, 1990 [Title 5, Cal Code of Regulations, SS 53200-53205]; and
WHEREAS said statutes and regulations define new terms, create new duties, assign new powers, create new procedures, and create new delegations of authority, it becomes necessary and convenient for the full time faculty to establish a new academic senate with a new constitution. [Title 5, Cal Code of Regulations, SS 53200(b); 53202].
There is hereby established the College of Marin Academic Senate. It is the intention that said Senate have and exercise all the powers and responsibilities vested in it by law and regulation and district board action. The Appendix below states the regulations currently enacted by the Board of Governors of California Community Colleges as of the date set forth. It is the intent of the Senate formed herein to have and exercise all additional powers hereafter granted by law or regulation or district board action without further faculty action unless such law or regulation requires such referral to the full-time faculty. [Title 5, Cal Code of Regulations, SS 53200(c); 53201; 53202(a, c, d); 53203; 53204]
Section 1. COMPOSITION
The Academic Senate shall consist of fifteen faculty members. Eleven members shall be full-time faculty, three members shall be part-time credit faculty and one member shall be a non-credit faculty. Each member shall be elected at large. If a Senate member's employment classification changes, said member's seat shall become vacant upon receiptof notice from the administration of such change. [Title 5, Cal Code of Regulations, SS 53200(a); 55201; 53202(c) and (d)]
Section 2. TERM OF OFFICE
Senate members shall be elected by secret ballot for a term of two years. Eight of the members shall be elected hi even-numbered calendar years, and seven shall be elected in odd-numbered years. Those holding office under the current constitution whose terms have not expired or been vacated by resignation or removal shall continue in office under this constitution until the expiration of their current term. Those positions now vacant under the existing constitution shall be filled under the terms of this constitution. Thereafter, all terms shall be for two years. [Title 5, Cal Code of Regulations, S 5302(c)] In the event of a death, disability, resignation, conviction of a crime, or other event resulting in a vacancy, the position shall be filled by appointment by the Senate President, with the advice and consent of the other members of the Senate. The Senate President shall solicit names of candidates from the Senate members and other appropriate sources. The replacement senator shall serve for the balance of the term of the vacated office. [Title 5, Cal Code of Regulations, S 53202(c)] In the event of a senator's being absent without good cause shown for three or more consecutive meetings, or for more than 40% of the meetings in any six month period, the office shall be deemed vacant by resignation. The remaining members shall so declare on the record and proceed to fill the office. [Title 5, Cal Code of Regulations, S 53202(c)]
Section 3. OFFICERS.
There shall be a president, a vice-president, a secretary, and a treasurer to be selected as set forth herein, and will serve for a term of two years, assuming senate membership.
The President shall be elected by the academic senate from among its members. The President may vote on all matters except disciplinary actions by the Senate directed at the president, and upon ceasing to hold the office of President shall continue as Senator for any unexpired term. The President shall serve as the Senate's representative during intersessions, including summers. [Title 5, Cal Code of Regulations, S 53202(c)]
The President shall be the presiding officer and, with the advice and consent of the Senate, the appointing officer. He/she shall sign all official documents representing official actions of the Senate. [Title 5, Cal Code of Regulations, S 53203(f)] The president may delegate specific acts to other senators.
The vice-president shall be elected by the Senate from among its members. The vice-president shall fill the role of president and exercise the powers of the president in the event of the disability or absence of the president.
The secretary shall be elected by the Senate from among its members. The secretary shall see that accurate minutes of Senate meetings are made and preserved. The secretary shall be the keeper of the Senate seal, if adopted. The secretary shall be responsible for receipt and safekeeping of all official correspondence directed to the Senate. The secretary shall attest the president's signature when required. The secretary shall be the election officer of the Senate and shall see to the preparation of election notices, postings, preparation of ballots, and counting of ballots, and shall certify election results to the Senate. In the event the secretary is seeking re-election to the Senate, the president shall appoint an alternate election officer.
The treasurer shall be elected by the Senate from among its members. The treasurer is responsible for the collection, investment, and safekeeping of all funds or financial instruments entrusted to the Senate. The treasurer shall prepare financial statements to be submitted to the Senate showing the current balance of all assets and accounts chargeable to the Senate upon request of any senator. If required by law or Senate action, the treasurer shall obtain a surety bond at Senate expense. [Title 5, Cal Code of Regulations, S 53202(c)]
The Senate shall have the power to adopt bylaws, not inconsistent with law, regulating the conduct of meetings; the form of the agenda; the time and manner of giving notice of meetings and elections; the form of ballots; the form of election materials; the creation, composition, duties, responsibilities, and duration of committees; quorums; required majorities in voting; rules of procedure; and such other rules it deems necessary and convenient for carrying out its powers. The Senate shall hold regular meetings every Thursday of each month while school is in session. In the event such a Thursday is a college holiday, no regular meeting shall be held. Meetings shall commence at 12:45 p.m. local time. If the need arises to change the date and time of meetings from that specified above, this shall be accomplished by a majority vote of the Senate and will not require an amendment to the constitution. The bylaws shall specify the manner of scheduling and noticing special meetings. [Title 5, Cal Code of Regulations, S 53202(c)J
Election of senators shall take place no later than the last week in April of each year. Election shall be by mail ballot. To be counted, ballots must be received by the close of business of Friday of the first full week of May. All elections shall be by secret ballot. [Title 5, Cal Code of Regulations, SS 53202(a); 53202(c)
This constitution may be amended by majority of the faculty voting at an election called for said purpose. The position of the Senate on each amendment shall be included on the ballot. Such position statement shall not exceed 300 words. An opposing statement, subscribed by any full-time faculty member and not exceeding 300 words, shall also be included on the ballot. Each ballot shall include a clear and concise statement of its scope and effect. [Title 5, Cal Code of Regulations, S 53202(c)(l)] Amendments may be proposed by the Senate, or any 15 faculty members, in writing.
The Senate shall have a designated mailbox for receipt of mail. The Senate shall provide in its bylaws for the number and location of places for posting of public notices of its business.
PUBLIC MEETINGS AND RECORDS
The Senate shall comply with all public meeting and public record laws not inconsistent with laws pertaining to academic senates.
This constitution shall be adopted by majority vote of all faculty members voting. Upon certification of the vote showing such adoption, this constitution shall take effect. The existing constitution shall be repealed. All contracts, agreements, and appointments existing at the time of adoption of this constitution shall remain in effect until and unless revoked or amended by the new Senate. [Title 5, Cal Code of Regulations, SS 53203(f); 53204]
Title 5 Regulations on Academic Senates as passed at the July 13-14,1990 meeting of the Board of Governors of the California Community Colleges.
53200. Definitions. For the purpose of this sub-chapter.
- a) "Faculty" means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors.
- b) "Academic Senate", "faculty council", and "faculty senate" means an organization formed in accordance with the provisions of this sub-chapter whose primary function is, as the representative of the faculty, to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this sub-chapter, reference to the term "academic senate" shall also constitute reference to "faculty council" or "faculty senate".
- c) "Academic and professional matters" means the following policy development and implementation matters:
- Curriculum, including establishing prerequisites and placing courses within disciplines
- Degree and certificate requirements
- Grading policies
- Educational program development
- Standards or policies regarding student preparation and success
- District and college governance structures, as related to faculty roles
- Faculty roles and involvement in accreditation processes, including self study and annual reports
- Policies for faculty professional development activities
- Processes for program review
- Processes for institutional planning and budget development, and
- Other academic and professional matters as mutually agreed upon between the governing board and the academic senate.
"Consult collegially" means that the district governing board shall develop policies on academic and professional matters through either or both of the following methods, according to its own discretion:
- Relying primarily upon the advice and judgment of the academic senate; or
- That the district governing board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations. [Auth: Ed Code 66700 and 70901; Ref: Ed Code 70901 and 70902]
53201. Academic Senate or Faculty Council
In order that the faculty may have a formal and effective procedure for participating in the formation and implementation of district policies on academic and professional matters, an academic senate may be established at the college and/or district level. (Auth: Ed Code 66700; 70901. Ref: Ed Code 70901; 70902) 53202. Formation; Procedures; Membership The following procedure shall be used to establish an academic senate:
- a) The full-time faculty of a community college shall vote by secret ballot to form an academic senate.
- b) In multi-college districts, the full time faculty of the district colleges may vote on whether or not to form a district academic senate. Such vote shall be by secret ballot.
- c) The governing board of a district shall recognize the academic senate and authorize the faculty to:
- 1) Fix and amend by vote of the full-time faculty the composition, structure, and procedures of the academic senate.
- 2) Provide for the selection, in accordance with accepted democratic election procedures, (of) the members of the academic senate.
- d) The full-time faculty may provide for the membership and participation of part-time faculty members in the academic senate.
- e) In the absence of any full-time faculty members in a community college, the part-time faculty of such community college may form an academic senate. (Auth: Ed Code 66700; 70901. Ref: Ed Code 70901; 70902)
- a) The governing board of a community college district shall adopt policies for the appropriate delegation of authority and responsibility to its college and/or district academic senate. Among other matters, said policies, at a minimum, shall provide that the governing board or its designees will consult collegially with the academic senate when adopting policies and procedures on academic and professional matters. This requirement to consult collegially shall not limit other rights and responsibilities of the academic senate which are specifically provided in statute or other regulations contained in this part.
- b) by adopting the policies and procedures described in subsection
- a), the governing board or its designees, shall consult collegially with representatives of the academic senate.
- c) While in the process of consulting collegially, the academic senate shall retain the right to meet with or appear before the governing board with respect to the views, recommendations, or proposals of the senate. In addition, after consultation with the administration of the college and/or district, the academic senate may present its views and recommendations to the governing board.
- d) The governing board of a district shall adopt procedures for responding to recommendations of the academic senate that incorporate the following
- 1) In instances where the governing board elects to rely primarily upon the advice and judgment of the academic senate, the recommendations of the senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will the recommendations not be accepted. If a recommendation is not accepted, the governing board or its designee, upon request of the academic senate, shall promptly communicate its reasons in writing to the academic senate.
- 2) In instances where the governing board elects to provide for mutual agreement with the academic senate, and agreement has not been reached, existing policy shall remain in effect unless continuing with such policy exposes the district to legal liability or causes substantial fiscal hardship. In cases where there is no existing policy, or in cases where the exposure to legal liability or substantial fiscal hardship requires existing policy to be changed, the governing board may act, after a good faith effort to reach agreement, only for compelling legal, fiscal, or organizational reasons.
- a) of this section.
- e) An academic senate may assume such responsibilities and perform such functions as may be delegated to it by the governing board of the district pursuant to subsection
- f) The appointment of faculty members to serve on college or district committees, task forces, or other groups dealing with academic and professional matters, shall be made, after consultation with the chief executive officer or his or her designee, by the academic senate. Notwithstanding this subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups. (Auth Ed Code 66700; 70901. Ref Ed Code 70901; 70902)
53204. Scope of Regulations
Nothing in this sub-chapter shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiated agreements between collective bargaining representatives and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining representatives as to how they will consult, collaborate, share or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to these regulations. (Auth Ed Code 66700; 70901. Ref Ed Code 70901; 70902)