ACADEMIC SENATE ORIENTATION9/3/09Welcome New and Returning Senators!

I. Academic Senate Responsibilities

A. Academic Senate in California – A Brief History

B. The Legal Basis: Education Code, Title 5 and Local Implementation

Academic Senate in California – A Brief History

1. 1963 – State Assembly Resolution2. 1963-1988 – Local Senates formed3. 1968 – Statewide Academic Senate

formed4. 1988 – AB1725 passed – broke K-12 link5. 1990 – Adoption of Title 5 Regulations:

“Strengthening Local Senates”

The Legal Basis: Ed Code, Title 5, Local Implementation

1. Education Code – legislative action

2. Title 5 – interpretation of Ed Code, policies/regulations of Board of Governors, see California Code of Regulations

Sections of Ed Code and Title 5 Affecting Academic Senates Governing Boards; Delegation Waiver of Minimum Qualifications;

Equivalency Hiring Criteria Administrative Retreat Rights Tenure Evaluation Procedures Evaluation Procedures Faculty Service Areas

Academic and Professional Matters1. Curriculum, including establishing

prerequisites2. Degree and certificate requirements3. Grading policies4. Educational program development5. Standards or policies regarding student

preparation and success6. College governance structures, as

related to faculty roles

Academic and Professional Matters (cont)

7. Faculty roles and involvement in accreditation processes

8. Policies for faculty professional development activities

9. Processes for program review10. Processes for institutional planning

and budget development11. Other academic and professional

matters as mutually agreed upon

Consult Collegially - definition The district governing board shall develop

policies on academic and professional matters through either or both of the following:

1. Rely primarily upon the advice and judgment of the academic senate OR

2. The governing board, or its designees, and the academic senate shall reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations

Rely Primarily

Exceptional Circumstances and Compelling Reasons

Response in Writing

Academic Senates and Union Relations

Academic Senate – Academic and professional matters

Bargaining agents – Working conditions

Academic Senates – some areas of purview distinct from union Minimum Qualifications Equivalency Processes Faculty Hiring Faculty Evaluation and Tenure Review Administrative Retreat Rights

Union – some areas of purview distinct from Senate Workload Assignment Working Hours Academic Calendar Salary Benefits

Areas of Overlap

Professional Development Policies Sabbatical Leaves Evaluation Tenure Review Processes Faculty Service Areas Consultation on other areas identified by

Senate as of mutual interest and concern to be negotiated

Local Senate President’s Duties Ed Code/Title 5/10 plus 1/Brown Act/local

constitution/BOT policy adherence Faculty participation Senate agenda/minutes/documents Faculty advocacy Relations w BOT and other groups Senate sign offs Faculty committee appointments

Senate – Board Relations

Unique relationship Direct access to BOT Direct access to agendizing on BOT

agenda Primacy in academic and professional

matters Coordinating councils are not to overstep

their bounds and begin making recommendations to BOT on academic and professional matters

Effective Participatory Governance Open leadership Goal setting/status reports/annual

reports “Meeting” = quorum (50%+1) Local senate meetings

Ralph M. Brown Act/Bagley-Keene Open Meeting Act Setting and Posting Agendas Public commentary Public voting

Setting and Posting Agendas Agenda setting – Presidential prerogative Post agendas publicly 72 hrs in advance Allow for public comment Voting must be public

“Immediate Action Items”

No action shall be taken on any item not appearing on the posted agenda except for emergencies, in instances where 2/3 of the body (or all if less than 2/3 are present) determine that the need for action arose after the agenda was posted or the item was posted for a prior meeting not more than 4 calendar days prior to the meeting and the item was continued to the meeting at which the action is to be taken

Special Meetings Conditions for a special meeting:

Written notice must be delivered to each member of the legislative body and to each local newspaper of general circulation, and radio or television station which has requested such notice in writing. (§54956)

The written notice must be delivered and posted at least 24 hours prior to the special meeting in a site freely accessible to the public. The notice must include the time and place of the meeting, and a brief description of all business to be transacted or discussed. (§54956)

The Senate cannot consider business that is not mentioned in the notice.

Notice is required even if no action is taken at the meeting.

As with regular meetings, every special meeting must allow for a public comment period (§54954.3(b))

Subcommittees

The Brown Act also applies to meetings of all: Standing committees – a committee that has

continuing jurisdiction over a particular topic §54952(b) For example: Budgets, personnel, etc.

Advisory committees that include a majority of the board and are not standing committees

Advisory committees that are standing committees (regardless of the number of directors)

Exception: The Brown Act does not apply to a subcommittee that is made up of less than a majority of directors, is an advisory committee AND is not a standing committee

Serial Meetings

Serial meetings are not allowed

Serial meetings occur when a majority of the directors have communicated about an issue and have developed a collective concurrence.

A collective concurrence is developed when:

Directors have either directly or indirectly heard each others opinion on a topic enough to collectively develop or begin to develop an agreement on an issue.

EMail

5492.2(b): Except as authorized pursuant to §54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibitedThe attorney general has issued an opinion stating that this section of the act applies to

email.

Conclusion

Individual Senator responsibilities: Communicate with Division Express sense of your Division on

issues Attend meetings regularly and on time Read emails/minutes/supporting

documents Educate faculty in your area as to the

role of the Senate