PREAMBLE

           We hold that the governing of Estrella Mountain Community College is the joint responsibility of the Governing Board, the Administration, the Professional Staff Association, and the Faculty of the College. In order to assure the full participation of the Faculty in the determination of educational policy, the adoption of this constitution establishing a Faculty Senate at Estrella Mountain Community College is hereby ordained.

PURPOSES

           The primary functions of the Faculty Association or its appointees shall be to serve as the exclusive negotiating representative of the Faculty to the Estrella Mountain Community College Administration, the District Administration, and the Governing Board on academic and professional matters, to select representatives to serve on Administrative councils and on Coordinating Committees of the faculties of the colleges of the district, and to participate in the formation and implementation of policies affecting education and professional working conditions and/or relationships for Estrella Mountain Community College and the Maricopa Community College District.

ARTICLE I DEFINITIONS

      Section 1. "Faculty" as used in this Constitution means residential certificated members engaged primarily in teaching, service and/or research.

         Section 2. Faculty Association as used in this Constitution means Faculty members who have paid assessed dues by each year.

         Section 3. Faculty Senate as used in this Constitution hereinafter referred to as "Senate," means members of the Faculty Association.

         Section 4. Elected Senator as used in this Constitution, hereinafter referred to as “Senator,” refers to the fact that each college division will elect one Senator from its ranks. In addition, faculty members not currently reporting to a division chairperson will be represented by one Senator to be elected by the group of faculty.

ARTICLE II ELIGIBILITY TO VOTE

      Section 1. All Faculty Association members shall be eligible to vote in the election of Senators.

         Section 2: In addition, whenever a vote of the entire Faculty Senate membership is called in response to a motion, all Faculty Association members will have an individual vote.

ARTICLE III COMPOSITION

      Section 1. Until such time as the Faculty Association deems otherwise, the Senate shall consist of all members of the Faculty Association; however, Senators will be elected to represent all members at Senate meetings.

      Section 2. Faculty members who are participants in the active retirement program shall have Faculty Senate representation. The Faculty Senate President will appoint an individual for a one-year term. The retired faculty shall be a pro-rated paid member of the Faculty Association. This member will not have voting privileges but may serve on committees as deemed appropriate by the President.

         Section 3. Each college division will elect one Senator from its ranks. In the event that a Senator must miss a Senate Meeting, it will be the responsibility of the Senator to send an alternate representative from the division to the meeting. Current Senate officers may not be elected as Senators. In addition, faculty members not currently reporting to a division chairperson will be represented by one Senator to be elected by that group of faculty. Nominations for elected Senators will be called for by April 15 of each academic year. All Faculty Association members may attend any Senate meeting, carrying an equal voice with Senators.

         Section 4. Senators are elected by the May Senate meeting of each year to serve during the next academic year. Senators will be elected yearly.

         Section 5. The Senator will share information from all meetings with those they represent. Where votes are required, the issue will be presented to division members before calling for a vote.

ARTICLE IV OFFICERS

      Section 1. The officers of the Senate shall include, but shall not be restricted to, a President, a President-Elect, and a Secretary-Treasurer. These shall be elected from among the members by a simple majority vote, except for the President which position shall be filled by the person holding the Elect positions the preceding year. At a March meeting, the Senate shall receive nominations for elected officers for the following academic year and the Senate representatives to the District Faculty Association. An officer shall be elected for a one-year term beginning at the first meeting in April. Provisions shall be made for absentee voting.

         Section 2. President: The President shall preside at all meetings of the Senate and all meetings of the Estrella Mountain Community College Faculty Association Executive Committee. He/she shall appoint members to serve on all Special Committees subject to the approval of a majority of the Senate. He/she shall be a member, ex-officio, of all committees. He/she shall be a representative to the District Faculty Association Executive Council. He/she shall have the right to call special meetings of the Estrella Mountain Community College Faculty Association Executive Committee and of the Senate. He/she shall be the official representative for the Senate and shall meet regularly with the President of the College. The President may call a general Faculty meeting at his/her discretion, or as asked by a majority of the Senate.

         Section 3. President Elect: The President-Elect shall perform such duties as may be assigned by the President, be a representative to the District Faculty Association Executive Council and serve on the Estrella Mountain Community College Executive Committee of the Senate. In addition, he/she shall preside in the absence of the President.

         Section 4. Secretary-Treasurer: The Secretary-Treasurer shall keep the minutes of the meetings of the Senate. The Secretary-Treasurer shall record, maintain, and electronically post on the Senate web site records of minutes of all official Senate meetings which shall include all motions and the disposition of each. He/she shall be responsible for the correspondence files and be in charge of communications between the Senate and any other person or organizations. The Secretary-Treasurer shall be responsible for the keeping of all financial and membership records, collecting of assessments, approving of payments from the Faculty Association accounts and making of periodic financial reports. The Secretary-Treasurer and the President shall be the only persons authorized to disburse funds from the Faculty Association account. Such disbursements must be approved in writing by the Secretary-Treasurer.

ARTICLE V EXECUTIVE COMMITTEE

         Section 1. The Executive Committee shall be composed of the officers of the Senate. It shall act as a steering committee for the Senate by preparing the priority agenda for Senate meetings and recommending actions to the Senate.

ARTICLE VI DELEGATES

      Section 1. Membership in appropriate District Committees shall be determined by the Senate President with authorization by the Senate.

         Section 2. Representation to the District Faculty Association shall be the Senate officers or a member of the Senate delegated by the Senate President with confirmation by the Senate.

ARTICLE VII MEETINGS

      Section 1. The Senate shall meet at the call of the President, or by request of the Executive Committee or as established by Senate resolution.

         Section 2. Senate meetings shall be open to Faculty members only. However, the President or Senate members may invite non-Faculty members for official business.

      Section 3. Any member of the Senate and any non-member who secures a senator to sponsor it, may place an item on the agenda of the Senate by written notification to the President of the Senate. The President shall provide all Faculty with an agenda prior to all meetings.

ARTICLE VIII QUORUM

      Section 1. A simple majority of the Senate shall be considered a quorum for purposes of voting.

ARTICLE IX PROCEDURES

      Section 1. Approval of minutes, agenda, and treasurer’s report can be approved exclusively by Senators.

         Section 2. Any Senate motion will require a vote from each individual Senate member. The call for a vote will be recommended by the elected Senators and will be called for by the Senate President after appropriate discussion per Article III: Section 5. Votes will be taken electronically and anonymously with the motion being stated at the voting location.

      Section 3. The Senate President, President Elect and Secretary/Treasurer will verify and report the results of the vote. In the event of a tie, the Senate President will vote to break the tie.

         Section 4. In all matters of internal functioning not otherwise covered by the Constitution, the Senate shall be governed by Robert's Rules of Order, Revised.

ARTICLE X EXECUTIVE SESSIONS

       Section 1. By majority vote of the members present, the Senate may resolve itself into an executive session.

         Section 2. In Executive Session no record shall be kept of debate, except that which is ordered by the Senate, and no Senator shall reveal the nature of executive proceedings to any person without the permission of the Senate.

         Section 3. No recommendations either to the administration or the MCCCD Governing Board Members shall be enacted during the executive sessions except personnel matters.

         Section 4. Executive Sessions are to be held after all agenda items have been addressed.

ARTICLE XI GOVERNANCE DURING NON-ACCOUNTABILITY

      Section 1. During faculty non-accountability days, the Senate President shall be the official representative for the Senate in consultation with the Senate officers and Senators.

      Section 2. In the absence of the President, the Senate President shall appoint the President Elect to represent Senate as designated Acting President for non-accountability days issues in consultation with the Senate President. If the President Elect is unavailable, the Senate President shall appoint a Senator to represent Senate. Finally, if neither the President Elect nor a Senator is available, the Senate President shall appoint a Senate member to represent Senate. Those appointed at any time to represent Senate in the President’s absence shall do so in consultation with the Senate President, contacting the President about any Senate related issues that may arise during times of non-accountability. The Senate President’s designee may than take actions agreed upon with the Senate President.

         Section 3. Whenever the Senate President or a designee of the Senate President takes actions during non-accountability, at the next official Senate meeting, the President will report on the action taken, explaining the issues and the reasons for the motions or actions made.

ARTICLE XII COMMITTEES

      Section 1. There shall be no Standing Committees of the Senate other than the Executive Committee.

         Section 2. Special Committees may be established by majority approval of the Senate.

         Section 3. Special Committees shall exist for no more than one year unless reaffirmed by vote of each succeeding Senate.

      Section 4. The size, purpose, and membership of Special Committees shall be determined or modified by the Senate.

         Section 5. The chairman and members of each Special Committee shall be appointed by the President of the Senate subject to the approval of the Senate membership.

         Section 6. Vacancies on Special Committees shall be filled by the President of the Senate subject to the approval of the Senate.

         Section 7. Special Committees shall report and be responsible to the Senate.

ARTICLE XIII JOINT COMMITTEES

      Section 1. None of the above provisions shall restrict or limit the power of the Senate to propose or participate in Joint Committees involving the Governing Board, the District Administration, Estrella Mountain Community College Administration, other colleges in the District, or the students of Estrella Mountain Community College. The nature and extent of Senate participation shall occur as needed or as the opportunity arises.

         Section 2. Special Committees may be designated by the Senate to represent the Senate in Joint Committee activities.

         Section 3. Regular reports of the progress of Joint Committees shall be made to the Senate.

         Section 4. Recommendations of a Joint Committee shall be referred to the Senate for approval; otherwise, such recommendations shall not imply the concurrence of, or be binding upon the Senate.

ARTICLE XIV PRIVILEGES AND RESPONSIBILITIES

      Section 1. The Senate shall of its own determination concern itself with any academic and professional matter which it deems important to the welfare of the college, and/or student body.

         Section 2. The Senate shall not be required to accept, represent, sponsor, or defend any action or grievance, or negotiate on behalf of any member of the faculty who is not a member of the Faculty Association as specified in Article 1.

ARTICLE XV REFERENDUM

      Section 1. The Senate may request the administrative head of the college to call a Faculty meeting for consideration of matters of Faculty interest.

         Section 2. The Senate may request the advice of the Faculty through written ballots or other communication.

ARTICLE XVI RECOMMENDATIONS

      Section 1. Recommendations of the Senate shall be forwarded through the established administrative channels.

ARTICLE XVII FINANCES

      Section 1. Faculty members will be asked to pay an annual assessment in an amount established by the Senate for the support of the Senate and the District Faculty Association.

ARTICLE XVIII AMENDMENTS

      This constitution may be amended through the following procedure:

         Section 1. A proposal shall require a two-thirds vote of the Senate.

         Section 2. An approved proposal shall be submitted to the members of the Senate electronically and receive approval of a majority of the membership voting.

ARTICLE XVIII RATIFICATION

      Section 1. This constitution shall become effective by a majority vote of the Senate taken electronically and anonymously.