Faculty Senate Constitution and By-Laws

Table of Contents

Bylaws to the Constitution of the Faculty Senate

  1. Membership
  2. Composition of the Senate
  3. Elections
  4. Officers
  5. Meetings
  6. Parliamentary Authority
  7. Standing Committees and Ad Hoc Committees
  8. Amendment of Bylaws
  9. Balloting
  10. Faculty Review

Election Guidelines

Article I - Name

Section One:  The name of this organization shall be "Faculty Senate of Eastern New Mexico University, Portales, New Mexico."

Article II - Constituency

Section One:  The faculty constituency is defined as including all those exempt, non-classified University employees, who hold academic rank and are either tenured (continuous appointment) or probationary (eligible for tenure), and whose assignments are half-time or more instruction.

Article III - Purpose

Section One:  The purpose of this organization shall be to administer the academic and organizational authority conferred upon it by the statement of Governance Policy, as authorized by the Board of Regents of the University and promulgated through the office of the President, Eastern New Mexico University.

Section Two:  The Faculty Senate shall be the official body representing the Faculty to the University Administration and to the Board of Regents, and shall serve as liaison between the Administration and the Faculty. The following list indicates the scope of the responsibilities of the Faculty Senate.

    1. Informative: To disseminate information laterally across the University structure.
    2. Advisory: To advise the President on matters of note.
    3. Deliberate: To debate any issue of significance to the University as a whole.
    4. Legislative: To initiate and respond to University policy and procedure.
    5. Investigative: To investigate areas of concern and to report to the Senate such facts and clarifications as seen appropriate.

Article IV - Membership

Section One:  The qualification of membership in the Faculty Senate are as follows:

A. Shall hold the academic rank of Assistant Professor, or above.
B. Shall be tenured, or hold an appointment which permits tenure to be earned (such as term, probationary).
C. Shall have been employed full-time by the University for at least one full academic year prior to election in the academic constituency.
D. Shall hold a full-time appointment providing for at least six (6) credit hours of instruction.

Section Two:  Membership terms shall be for a period of two (2) consecutive academic years, with provision for staggered terms such that no more than 55% of the membership shall retire at one time. No person may be elected to more than two (2) consecutive full terms.

Article V - Officers

Section One:  The Faculty Senate shall elect from its membership the following officers:

A. President
B. Vice President
C. Secretary
D. Treasurer
E. Parliamentarian

Section Two:  The duties of the respective officers shall be those usually associated with the offices, but shall be precisely defined by the executive committee. The Vice President shall serve as the presiding officer of the Senate.

Section Three:  The elected officers and immediate past President shall constitute an Executive Committee, to plan meetings and act for the Senate during intervals between the meetings. The President shall serve as chair person of the Executive Committee.

Section Four:  The term of office for each officer shall be for one (1) academic year. Officers may succeed themselves in office upon nomination and election by at least 2/3 of the total Faculty Senate membership eligible to vote.

Section Five:  Officers shall continue in office until the first meeting of the academic year.

Section Six:  The immediate past President, if not re-elected to the Faculty Senate shall serve as consulting member of the Senate and the Executive Committee.

Article VI - Meetings

Section One:  The Faculty Senate shall convene for regular business meetings at least twice each month during the Fall and Spring semesters, and a minimum of two meetings in the summer months.

Section Two:  The legitimacy of actions taken by the Faculty Senate in regular or special called business meetings shall depend upon the presence of a quorum, which is to be defined to be a simple majority of the membership.

Article VII - Parliamentary Authority

Section One:  In all parliamentary matters not covered by its by-laws, the Faculty Senate shall be governed by the Sturgis Standard Code of Parliamentary Procedure, 2nd edition.

Article VIII - Attendance of Members at Meetings

Section One:  Attendance of all members in meetings of the Faculty Senate is necessary.

Section Two:  Absences from three (3) consecutive Faculty Senate meetings will be reported to the Senator and his/her constituency by the Vice President of the Senate.

Article IX – Committees

Section One:  The Faculty Senate shall establish standing committees in compliance with ENMU governance structure, and may establish ad hoc comittees as deemed necessary for the purposes of the Senate.

Section Two:  Standing committees of the Faculty Senate and the membership thereon shall be provided in the Governance Document and/or Faculty Senate By-Laws.

Article X - Amendments

Section One:  The Constitution of the Faculty Senate may be amended by 2/3 majority vote of the total Faculty Senate membership, and ratified by the majority of the Faculty Senate constituency voting, provided:

A. A written copy of the proposed amendment(s) has been distributed among the members of the Senate at a meeting in advance of the time the amendment shall be introduced for adoption, and further

B. That at least seven (7) days time shall have elapsed between the meeting at which a copy of the amendment(s) was distributed and the meeting at which formal action for adoption is taken.

Bylaws to the Constitution of the Faculty Senate

1. Membership

A. Election of candidates and alternatives for membership in the Faculty Senate shall be conducted within the various senate representative groups by February 15 each year according to rules established by the elections committee of the Senate.

B. The results of the elections for the Faculty Senate, including the name of the senator, the alternate, and the number of votes cast in the election, must be filed with the President of the Faculty Senate and the Chairman of the Faculty Senate Elections Committee within two weeks of the election. Alternates may substitute, with full voting privileges, for absent Senators.

C. The Executive Committee shall examine the credentials of each candidate, and verify eligibility for membership according to the criteria stated in Article IV, Section I of the Constitution .

D. New members of the Senate shall be seated at the first meeting of the Senate following the inception of the academic year following his or her election.

E. Membership in the Senate shall be for a term of two (2) years. The academic year of the Senate shall be as the academic year of the University.

F. Should a vacancy occur in the Faculty Senate, the position will be filled by the alternate. The group in which the vacancy has occurred will then elect a new alternate.

2. Composition of the Senate

A. College representation in the Faculty Senate will be on the basis of one (1) senator for each seven (7), or major fraction thereof, full-time faculty members.

B. The assignment of faculty members to groups for purposes of Faculty Senate elections will be determined by the Faculty Senate Elections Committee before each annual election. Within the limits permitted by the senate-to-faculty ratio, these groups will be chosen to give proportional representation to all disciplines.

3. Elections

A. Qualifications of electors for Faculty Senators: The Faculty constituency is defined as including all those exempt, non-classified University employees, who hold academic rank and are either tenured (continuous appointment) or probationary (eligible for tenure), and whose assignments are half-time or more instruction.

B. There will be a special election meeting of the Faculty Senate (incumbent and incoming membership) for officers.

4. Officers

A. Nominating committee: elected in January by the Faculty Senate from its membership, shall consist of five (5) Senators. The duty of the committee shall be to present nominations for offices in the special election meeting of the Faculty Senate in February.

B. Nominations: Shall be permitted at the time subsequent to the recommendations from the nominating committee being presented, but at no other time.

C. Election of officers: Shall be conducted during the month of February each year. Assumption of office shall be August 15.

D. In the event there is more than one candidate for a given office, then voting shall be by written ballot.

E. Election to office: Shall require a simple majority vote of the membership, EXCEPT when a member shall be nominated to succeed himself in office, then that nominee shall be elected only by a 2/3 majority of those casting ballots.

F. Nominees for the offices: Of President and Vice President-Chairperson, shall have served in the Senate for at least one year prior to assuming office.

G. Removal from office: Officers may be removed from office for cause. A petition signed by at least 1/4 of the Faculty Senate membership, which sets forth charges to be brought, shall be presented in regular business session at which time the President, or if he/she is charged, the Vice President-Chairperson, shall conduct the hearing, and upon presentation of testimony by both the signatories and the defendant, the Senate shall, by roll call, vote "FOR" or "AGAINST" removal from office. Removal from office shall require a 3/4 majority vote of the membership. If any elected officer is charged, he/she shall hear the charge, and be given the prerogative of resigning prior to open announcement or hearing shall be made.

H. Removal of Senator by constituency: Senators may be removed from office for cause. A petition signed by at least 1/4 of the constituency membership which sets forth charges to be brought, shall be presented in regular business session at which time the presiding officer shall call for a hearing at the next regular business meeting. The President, or if he/she is charged, the Vice President-Chairperson, shall conduct the hearing and upon presentation of testimony by both the signatories and the defendant, the Senate shall vote, by roll call, "FOR" or "AGAINST" removal from office. Removal from the Senate shall require a 3/4 majority vote of the constituency membership.

I. Order of Succession: The order of succession shall be:

Vice President-Chairperson to President
Secretary to Vice President-Chairperson
Treasurer to Secretary
Parliamentarian to Treasurer

5. Meetings

A. Meetings shall be held on the 1st and 3rd Thursdays of each month at 3:30 pm.

B. The Secretary shall assume the responsibility of posting notices calling meetings of the Faculty Senate.

C. The Secretary shall prepare an ATTENDANCE ROLL, and call the roll at each meeting, noting thereon either the presence or absence of each member.

D. The Secretary shall declare the presence or absence of a quorum, for the conduct of business.

E. Members present for the roll call but desiring to leave prior to adjournment shall request privilege of the presiding officer and the Secretary shall note the member's departure on the roll. Lack of a quorum caused by such a departure shall be announced to the presiding officer.

F. The Secretary shall keep on file the minutes of each meeting, inclusive of the attendance roll for that meeting and the time of call to order.

G. The agenda shall be prepared by the presiding officer and shall be distributed on Tuesday before each regular meeting. All agenda items shall be given to the President at least six days prior to each regular meeting.

H. Agendas are distributed in advance of meetings to allow for caucusing with constituencies.

I. A digest of all Senate actions shall be published in the Monday Memo promptly after each meeting. Complete minutes shall be made available upon request of any interested person.

J. Minutes will be sent to the University Council immediately after their preparation.

6. Parliamentary Authority

A. The Parliamentarian shall be provided a copy of Sturgis with which he/she should become familiar.

B. Parliamentary or procedural questions shall be deferred to the Parliamentarian and his/her ruling shall govern. Upon challenge of a ruling, the presiding officer shall hear the challenge, and then make a final ruling.

7. Standing Committees and Ad Hoc Committees

A. Standing Committees

    1. Shall elect a chairman and membership as per governance document and/or University Council.
    2. Shall meet regularly throughout the academic year, on a day and at a time to be determined by the members and the governance document and/or the University Council.
    3. All recommendations to be forwarded by the committee must be presented to the Faculty Senate for evaluation and amendment.
    4. May present dissenting opinions as a part of formal recommend- ations if desired by the minority.
    5. Written reports will be made at each regularly scheduled meeting of the Faculty Senate.
    6. Recommendations to be forwarded by the committee are done so by the Faculty Senate president or designee, through the forum of the University Council, to the appropriate administrator.

B. Standing Sub-Committees

1. Executive Committee

Membership: Faculty Senate officers and immediate past President
Chairperson: President of Faculty Senate
Reports to: Faculty Senate
Thru: University Council
To: Vice President for Academic Affairs
Responsibility: Plan meetings, act for the Senate between meetings.

2. Elections Committee

Membership: Elected by the Faculty Senate

1 Senator
5 Faculty (one from each college)

Membership terms of Faculty shall be for a period of two (2) years, with provision for staggered terms such that no more than 60 % of the Faculty membership shall retire at one time. No member may be elected to more than two (2) consecutive terms. The term of the Senate representative (Chairperson) shall be for one (1) year, and may be renewed, subject to continued Senate membership.
Chairperson: Senate representative
Reports to: Faculty Senate
Thru: University Council
To: Vice President for Academic Affairs
Responsibility: Prepare ballots for elections to Faculty Senate and University Standing Committees and for other elections required by university governance structure. Appoint members to Standing Committees on behalf of the Faculty Senate.

3. Faculty Affairs Committee

Membership: Appointed by the Faculty Senate Executive Committee

1 Senator
9 Faculty members (2 from each college)

Chairperson: Senate representative
Reports to: Faculty Senate
Thru: University Council
To: Vice President for Academic Affairs
Responsibility: To investigate and make recommendations concerning problems facing the faculty constituency.

C. Ad hoc Committees

    1. Shall be chaired by the person elected by the committee.
    2. Shall meet on a day and at a time to be established by the chairperson.
    3. All recommendations to be forwarded by the committee must be presented to the Faculty Senate for evaluation and amendment.
    4. Written progress reports will be made at each regularly scheduled meeting of the Faculty Senate.
    5. When the purpose or goal of the committee has been achieved, the committee will be dissolved.
    6. Recommendations to be forwarded by the committee are done so by the Faculty Senate president or designee, through the forum of the University Council, to the appropriate administrator.

8. Amendment of Bylaws

A. Amendments to the Bylaws must be presented in writing by the sponsor(s) thereof at a regular business meeting of the Senate, and distributed among the membership thereof.

B. The presiding officer of the Senate shall then formally place the amendment on the agenda for the next business meeting.

C. Before calling for the question and voting on the amendment, the presiding officer shall call for an interpretive opinion from the parliamentarian regarding the effect of the amendment on the Bylaws, Standing Rules, and Parliamentary Law.

D. Amendments to the Bylaws shall be approved by a 2/3 majority vote of the membership in order to become effective.

E. Upon passage of an amendment the Secretary shall cause to be published an amended copy of the appropriate document with copies thereof to be distributed to each member of the Senate.

9. Balloting

A. All ballots cast by the Faculty Senate when a "WRITTEN BALLOT" is required, shall follow the standard format set out below: to wit, "FOR" "AGAINST" "ABSTAIN"

B. It is affirmed that when matters of business require a formal ballot of the membership, and the passage of an item requires a 2/3 or 3/4 or majority of the membership, should members abstain from voting, the votes shall be removed from the total of votes cast, and shall alter the basis of computation of the required number for majority in the tabulation of ballots.

C. All voting not requiring a formal ballot will require a simple majority of the quorum present for passage. Should members abstain from voting, the votes shall be removed from the total of votes cast, and shall alter the basis of computation of the required number for majority in the tabulation of ballots.

D. The Parliamentarian shall assume responsibility for preparation of all formal written ballots required by the Faculty Senate.

E. The conduct of all elections, and voting, and tabulation of ballots shall be the responsibility of the Vice President-Chairperson of the Faculty Senate.

10. Faculty Review

A. The General Faculty shall have the power to review actions of the Senate in the following manner:

    1. No action of the Senate shall take effect as a recommendation to the University President and/or the Board of Regents until fifteen (15) school days after publication in the Monday Memo.
    2. Protests of any action of the Senate may be made within the fifteen-day period by submission of a petition, signed by not fewer than ten (10) faculty members, to the Faculty Senate President or Secretary. The filing of such petition will automatically place the protested action on the agenda of the next regular meeting of the Faculty Senate, and the Senate shall hear the protest. The Senate may, as a result of said protest hearing, reaffirm, alter, or withdraw its previous action on the protested matter.
    3. Any petition protesting any action of the Faculty Senate which is signed by not fewer than 20% of the Faculty, shall be filed with the Vice President for Academic Affairs, and the President of the Faculty Senate, and shall require that the protested action be submitted to the Faculty at- large referendum. Upon filing of such protest petition, it shall be obligatory upon the VPAA to call a general faculty meeting, within a reasonable time after said filing in order that the Faculty may hear the matter fully. At the end of the meeting, which shall be presided over by the VPAA, the faculty shall cast written ballots on the matter under discussion by voting "FOR" "AGAINST" "ABSTAIN" where a "FOR" vote shall affirm the previous action of the Faculty Senate, and "AGAINST" vote shall reject the previous action of the Faculty Senate, and a vote to "ABSTAIN" shall be interpreted to mean "neither for nor against the matter". It is further affirmed that in order to reject the protested action of the Faculty Senate, there must be a clear majority (simple majority) OF THE TOTAL VOTES CAST.

Election Guidelines

Some assignments filled by election from the university community have serious and long-lasting effects. The elections should be conducted fairly and consistently so that members of the community can feel that their input and representation are valued. It is understood that the following procedures may lengthen the process of constituting a committee.

Procedures for filling position by election.
A. If the entire constituency can be assembled, then an election can be held in open forum. Nominations can be made from the floor, and voting can be done in the assembly. Care should be exercised to provide secret ballots when appropriate. Any such election shall be announced prior to the meeting.

B. Elections outside assemblies.

    1. The person designated as responsible for holding the election (chairperson of the Election committee, Dean, etc.) shall announce the position and ask for nominees. The announcement should state a closing date for nominations at least one week in the future.
    2. Persons will be nominated to the position by written petition signed by three or more eligible voters. The petitioners must have the permission of the nominee. It would be inappropriate for the nominee to be one of the petitioners. A voter may sign any number of petitions.
    3. No person shall be elected to office upon receiving fewer that 35% of the number of votes cast in an election. If no person receives as many as 35% of the votes cast then a runoff election must be held. Latitude is given to the election official to decide on the number of names to be included on the runoff ballot. Usually the number can be reduced to two or three names, although circumstances might arise (tie votes, for example) in which the runoff list would be larger. A second runoff might become necessary.
    4. A person cannot be appointed to fill the term of an elected representative. Replacement must be by election.
    5. All ballots should contain the return address and a final date for acceptance.
    6. A prudent election official will ask for assistance in counting the votes.