Transcript ACADEMIC SENATE ORIENTATION 9/3/09 Welcome New and Returning Senators! I. Academic Senate Responsibilities   A. Academic Senate in California – A Brief History B.

ACADEMIC
SENATE
ORIENTATION
9/3/09
Welcome 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.
2.
3.
4.
5.
1963 – State Assembly Resolution
1963-1988 – Local Senates formed
1968 – Statewide Academic Senate formed
1988 – AB1725 passed – broke K-12 link
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 Matters
1.
2.
3.
4.
5.
6.
Curriculum, including establishing prerequisites
Degree and certificate requirements
Grading policies
Educational program development
Standards or policies regarding student
preparation and success
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 review
10. Processes for institutional planning and budget
development
11. 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 prohibited
The 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