May 3, 2018
FSU Executive Committee Meeting Minutes
May 3, 2018
Members Present: Marlene Kim; Peggy Walsh; Jeff Melnick; Askold Melnyczuk; Steve Striffler; Monique Fuguet; John Hess; Sofya Aptekar; Tina Mullins; Jason Rodriquez; Steve Levine
Others Present: Lorenzo Nencioli, FSU Membership Coordinator; Jeff Keisler, FSU TT Grievance Officer; Joseph Brown, FSU Ex Com member elect; Caroline Coscia, NTT Grievance Officer
- Approval of the agenda: Motion to approve agenda. Motion seconded. Motion to revise agenda proposed and seconded. Discussion to amend agenda as: discussion of Faculty statement (see below), move item #7 to after #3, add vote to endorse 5/8/18 action, add discussion of ex com meetings, add discussion of leftover RES funds, add discussion of funds for social event, add discussion of parliamentarian for FSU. Motion to revise agenda as amended made, seconded, and passed.
- Approval of the minutes: Motion to approve 4/12/18, 4/18/18, and 4/19/18 Ex Com draft minutes and evotes. Motion seconded. Motion approved.
- Discussion and approval of FSU members to JCC: Steve Striffler volunteers to be alternate. Caroline Coscia, Jeff Kiesler, John Hess, Marlene Kim volunteer to serve as FSU members to JCC for 18-19. Motion to approve Caroline Coscia, Jeff Keisler, John Hess, Marlene Kim as FSU members to JCC for 18-19 and Steve Striffler as alternate for 18-19 made. Motion seconded. Motion passes.
- Mount Ida update and actions: Discussion of Mt. Ida/UMA deal. Jeff Melnick will find out what MA Senate’s purview is on Mt. Ida issue. Motion to amend Joseph Ramsey’s proposed motion re 5/8/18 Respect UMB rally to indicate ‘students’ instead of ‘their students’ [SEE DRAFT MOTION BELOW]. Motion as amended seconded. Motion as amended approved.
STEVE LEVINE; STEVE STRIFFFLER LEAVE
Discussion of possible statement with MSP andwhat happened with that. Discussion of all union meeting on this.Marlene Kim will ask MSP President if a statement can be circulated to faculty for their signature where individuals sign. Discussion of possibility of citing Richard Freeland’s comments on deal, using these comments in an FSU/MSP. Marlene Kim, Jeff Melnick will find Richard Freeland comments on Mt. Idea deal, write up opening statement. We should have a statement supportive of Mt. Ida students, staff, and faculty (would be part of statement including Richard Freeland’s comments). [DRAFT STATEMENT FOR FACULTY COUNCIL DISTRIBUTED TO EX COM--- SEE BELOW]. Discussion of statement and to change some language, such as ‘we welcome Mayor Walsh’s support as we struggle against the lack of clarity….’ but with understanding that we will support any language they come up with.
EX COM GOES INTO EXECUTIVE SESSION
5. Bargaining update:
EX COM ENDS EXECUTIVE SESSION
6. The Ex com should formally approve moving money from the all in campaign to a social event since it was unclear if this motion passed by email.
Motion to approve $150 funds for FSU end of year social event ($350 already approved prior to this meeting for all-in food money). Motion seconded. Motion passes.
JASON RODRIQUEZ LEAVES
7. Discussion of left over RES Funds and how FSU should apply them. Motion to apply remaining funds to library. Motion seconded. Motion passes. Tina Mullins to inform Ex Com of specific area within library where funds can be applied.
8. FSU Parliamentarian: Motion to approve Caroline Coscia as FSU parliamentarian for 18-19. Motion seconded. Motion approved.
9. Discussion of email voting proposal: Would apply only to votes that do not require discussion. Suggestion to have someone be responsible for calling (confirming) the vote. Motion to approve policy as amended with the VP responsible for calling (ie. confirming) the vote. Motion to approve as amended seconded. Motion to approve as amended passes. [SEE DRAFT POLICY AT END OF DOCUMENT; PROPOSAL AS AMENDED IS BELOW]:
FSU Ex Com Voting procedures for email votes:
The FSU ExCom will permit electronic voting for votes that don’t require deliberative discussions.
The voting period will extend 3 business days from the time the email has been sent out. The vote will not be called until the time period has expired. The FSU Vice President will call (confirm) the vote.
Emails from ExCom members requesting a vote shall go to the FSU email, and the email call for the vote will come from the FSU email.
The FSU Ex Com will send out a call for the votes with the subject line EX COM VOTE.
Emails calling for vote must specify exactly what the vote means and its impact: e.g. a no vote for this additional MTA delegate must say whether a slot remains open or if the next person is chosen.
If two ExCom members want a discussion rather than an email vote, the voting will cease and a discussion will occur at the next opportunity.
The FSU ExCom will investigate internet voting software such as doodle voting.
10. Discussion of Vacancy in Office of President: Motion to approve recommendation of proposal and to have FSU members vote on recommended bylaws changes at next feasible General Assembly (since next general assembly is limited to the budget). Motion seconded. Friendly amendment to alter language in proposal. Friendly amendment accepted. Motion to approve recommendation of proposal as amended and to have FSU members vote on recommended bylaws changes at next feasible General Assembly. [PROPOSAL IS BELOW- TRACK CHANGES INDICATE AMENDED LANGUAGE]
11. Discussion of videotaping annual meetings: Some did not feel comfortable with these being videotaped so we will not be videotaping these.
12. FSU Retreat: Discussion of whether to hold a retreat or not. Not much interest is shown. Suggestion to form a committee to figure out subjects to discuss at the retreat. John and Peggy volunteer to be on this committee. Motion to form a committee on an FSU retreat and an agenda for FSU retreat. Committee will be comprised of Peggy Walsh, Monique Fuguet, John Hess. Motion seconded motion passes. [Unclear if this was formally voted on or not.]
13. Discussion of Ex Com meetings: Proposal to hold meetings twice/month. Discussion of this. The group decided to contact incoming Ex Com members, ask them if they are able to meet twice/month, and if they say yes, do this twice a month and see how this goes in the fall semester, to be re-evaluated at the end of the fall semester.
14. Motion made to hold General Assembly meeting on the FSU budget during the last week of September. Motion seconded. Motion passes.
15. Motion to have Ex Com form a committee from each constituency to plan the meeting above. Motion seconded. Motion passes.
Draft statement from Faculty
We, the undersigned, faculty, staff and students at the University of Massachusetts Boston, fully agree with Mayor Martin Walsh that the future of UMass Boston is crucial to the wellbeing of our City. We are heartened and moved by Mayor Walsh’s courage to stand by us while we endure adverse circumstances. Moreover, in view of the apparent lack of clarity, transparency and leadership demonstrated by the Office of the President in regards to UMass Boston and the chronic lack of support from State officials, the offer of the City of Boston to take part in any current and future conversations regarding the stabilization, proper maintenance and future running of the University should be immediately accepted. UMass Boston is a formidable institution, and one of Boston’s most invaluable assets, yet it is in peril because of lack of interest, leadership and understanding at the State level, at the President Office and at the acting Chancellor’s office. It is time for the City of Boston to stand up and fight for its future. We join our voices with its leader, Mayor Walsh, and the citizens of Boston and demand immediate attention.
Joseph Ramsey Proposed Motion re Endorsing 5/8/18 Respect UMB Rally
Motion: That the Faculty Staff Union (Ex Com) should publicly endorse the #RESPECTUMB Rally planned for Tuesday, May 8th, from 12noon to 1pm on the UMB Plaza (by the Iron Worker statue), and that we will communicate an announcement of the rally to members via a clear, stand-alone email that not only encourages faculty and librarians to attend, but to invite or bring their students to do so as well. The flier for the rally should also be attached to this email.
Draft proposal on Ex Com electronic voting procedures
FSU Ex Com Voting procedures for email votes:
The FSU ExCom will permit electronic voting for votes that don’t require deliberative discussions.
The voting period will extend 3 business days from the time the email has been sent out. The vote will not be called until the time period has expired.
Emails from ExCom members requesting a vote shall go to the FSU email, and the email call for the vote will come from the FSU email.
The FSU ExCom will send out a call for the votes with the subject line EX COM VOTE.
Emails calling for vote must specify exactly what the vote means and its impact: e.g. a no vote for this additional MTA delegate must say whether a slot remains open or if the next person is chosen.
If two ExCom members want a discussion rather than an email vote, the voting will cease and a discussion will occur at the next opportunity.
The FSU ExCom will investigate internet voting software such as doodle voting.
MEMORANDUM
To: FSU Executive Committee
From: Peggy Walsh
Caroline Coscia
Steven Levine
Jeff Keisler
Date: April 20, 2018
Subject: Vacancy in Office of President in FSU Bylaws
Purpose: We are submitting this document to the Executive Committee to begin a discussion on an open item from the 2017 annual meeting and to bring forth new bylaw language, as soon as possible, to the membership for adoption.
At our Spring 2017 Annual Meeting, members voted to amend our bylaws except one section, Article II, Section VII which explains what happens when there is an absence in the office of the FSU President.
It was agreed that this section would be examined and a new proposal presented at a general assembly meeting for member vote and adoption.
To make sure we follow the membership’s wishes with this newly proposed bylaw language; we have prepared information for your review and seek your input so that new bylaw language is ready for a membership meeting. Our members wanted clarity on this section and we took on this task attempting to do so.
Below is our proposed bylaw language. We have placed the language first and the rest of this document explains how we got to this specific language.
Proposed Bylaw Language
Article II, Section 7: In the instance where the President is unable to serve, the following shall apply:
a. Employment Separation and Resignations
i. The Vice President serves as President until a special election is held for the office of President.
ii. The Executive Committee shall call for an election to fill the President’s remaining
term and for the election to be completed within 45 days.
b. Semester Leaves
i. The Vice President assumes the job responsibilities.
ii. If during the leave the Vice President is unable to continue assuming the
responsibilities then the Executive Committee appoints an interim president from amongst its ranks. If this is not possible then a past President may be appointed. iii. New interim Vice President is appointed by the Executive Committee, the Vice President, and the outgoing President. The member appointed shall come from the Executive Committee. If an Executive Committee member is not willing to serve as Vice President, then the Executive Committee, the Vice President, and outgoing President shall appoint a Vice President from the ranks of the membership.
c. Academic Year Leaves
i. The Vice President serves as President until a special election is held for the office of President.
ii. The Executive Committee shall call for an election to fill the President’s remaining
term and for the election to be completed within 45 days.
Below are the current bylaw language and the language that was proposed and rejected at the Annual Meeting.
|
Current Bylaw Language |
Proposed Bylaw – This Was Rejected |
|
Article II, Section 8: The Vice President of the chapter may be delegated by the President to perform any executive function.
In the absence of the President, the Vice President is empowered to discharge the functions of the President for the chapter.
|
Article II, Section 7: The Vice President of the chapter may be delegated by the President to perform any executive function.
In the absence of the President, for short periods of time, the Vice President is empowered to discharge the functions of the President for the chapter. For absences longer in length, such as a sabbatical, the President, in consultation with and with the approval of the Executive Committee, may appoint a temporary replacement. |
Our Approach
Our approach included five steps.
1) Identify the reasons why the FSU President[1] might not be able to serve.
2) Examine how other unions and organizations deal with a vacancy.
3) List possible options to take when a vacancy occurs.
4) Draft proposed bylaw language for a membership meeting vote.
5) Solicit Executive Committee feedback and comments.
Traditionally, most organizations have the Vice President assume the duties of the president with some organizations then holding a special election for the Vice President position. We are not traditional in that a faculty member may need to step away from a leadership position for a variety of reasons. Based on this reason, the length of the leave can fluctuate and this may result in bylaw language that encompasses different leave types.
It must be noted that Bylaws guide organizations and that bylaw language is for both today and the future. As a membership organization we cannot forget the role of the members and the Executive Committee.
Types of Leaves
The following table is a listing of the reasons why a President might not complete his/her term of office.
|
Type |
Description |
Consequence |
|
1. Employment Separation |
Voluntary or involuntary separation from UMB. |
The vacancy is permanent and requires a person to become President.
|
|
2. Resignation |
Choosing to leave the position prior to the end of the term.
|
The vacancy is permanent and requires a person to become President. |
|
3. Personal Leave |
Includes but not limited to
|
The vacancy is not permanent.
|
|
4. Semester Leave |
A semester leave includes the semester plus summer. Ex: Spring sabbatical begins January with a return of September 1st. Fall sabbatical begins May with a return in January.
|
The vacancy is not permanent.
The vacancy may be up to eight (8) months. |
|
5. Academic Year Leave |
A full academic year leave begins in May with a return the following year in September. Ex: May 2017 begins and returns September 2018. |
The vacancy is for a large portion of the 24 month term.
The vacancy may be up to fifteen (15) months.
|
Examples Used by Other Organizations[2]
The below list was compiled by looking at other organization bylaws. In addition, we are assuming that the person who is taking the leave has no FSU role and responsibilities while on leave.
|
Who Fills Vacancy |
Process Used |
|
Vice President |
Vice President assumes the duties of the President.
The position of Vice President is filed by a special election or appointee by the Executive Committee.
|
|
Vice President until new President appointed |
Temporarily assume the duties of the President until a new President is appointed by the Executive Committee
|
|
Vice President until a special election is held |
Temporarily assume the duties of the President until a special election is held for the Office of President.
The Executive Committee calls for a special election.
|
|
Interim President if leave is one semester or less |
If the leave is for one semester or less, then an Interim President is appointed by the Executive Committee.
The Interim President may be a member of the Executive Committee
|
|
Special Election for a new President for leaves greater than one semester |
If the leave is greater than one semester then a special election takes place to elect a new president to fill to remainder of the term.
The Special Election would be held no less than 45 days from notice of pending leave.
|
|
Use past election results |
The person who had the second most votes in the last election for the Office of President assumes the Presidency for the remainder of the term. |
UMB Faculty Council Bylaws on Vacancies
7. Vacancies in Council Membership
A. Should a member resign or be declared ineligible, the remainder of the term shall be filled by the Council Executive Committee’s seating of the candidate who received the largest vote in the election of the councilor vacating the seat.
B. Should there be no candidate who received the next largest vote; the Colleges concerned shall elect a replacement according to its own procedures.
C. Should the Chair resign or be declared ineligible, the Associate Chair shall serve as Chair until the next election with a new Associate Chair be selected from the membership of the Council. Should the new Associate Chair be selected from the membership of the Council Executive Committee, an election shall then be held for the fifth Council Executive Committee member.
Massachusetts Society of Professors (MSP) at UMass Amherst
Article IV, 4.3: If a member of the Executive Board resigns, the Board shall appoint a replacement to serve until the next election, at which time a replacement shall be elected for the portion of the unexpired term left vacant.
It is expected that when the President knows that he/she is unable to serve, that the President will immediately notify the Executive Committee in writing of the situation. The sooner the Executive Committee knows the sooner a smooth transition occurs which will be seamless to the membership.
Possible Options for the FSU
Using the list of vacancy types along with the compiled list of how other organizations handle vacancies, we are providing a range of options for the FSU.
NOTE: The FSU Bylaws do not specify that a FSU Officer position is reserved for one constituency (TT, Pre-tenure, NTT, and Librarian).
|
Vacancy Type |
Possible Option(s)[3] |
Comments |
|
Employment Separation and Resignation
|
Special Election for remainder of term Vice President serves until a new president is elected. Exec Comm. calls for election to be completed within 45 days[4]. The election is to fill the remaining term The VP is eligible to be a candidate.
Special Election & Interim President The Vice President serves until a new president is elected. If the Vice President chooses not to assume the responsibilities then The Exec Comm appoints an interim president to service until a new president is elected.
Remainder of term is the last semester If the opening occurs within the last semester of the term remaining then no need for a special election. The Vice President assumes the office. The normal FSU election takes place. The Exec Comm and the VP work to make sure all duties are covered.
|
This option is straight forward and easy to implement.
This option takes into account the VP’s schedules and desires.
This option is based on how much of the term remains.
This requires the Exec Comm to be active in ensuring FSU business carries on. |
|
Semester Leave
|
Vice President assumes responsibilities The Vice President assumes the job responsibilities. If the Vice President is unable to assume responsibilities then the Exec Comm appoints an interim president.
New Vice President is appointed by the Exec Comm, the Vice President, and the outgoing President. Candidates for appointment will first come from the Exec Comm. If no Exec Comm members are willing to serve, then the appointment will come from the membership in general.
|
|
|
Academic Year Leave
|
Special Election for remainder of term Vice President serves until a new president is elected. Exec Comm. calls for election to be completed within 45 days. The election is to fill the remaining term The VP is eligible to be a candidate.
Special Election & Interim President The Vice President serves until a new president is elected. If the Vice President chooses not to assume the responsibilities then The Exec Comm appoints an interim president to service until a new president is elected.
|
This option takes into account the VP’s schedules and desires.
|
|
Personal Leave |
Vice President assumes responsibilities The President submits written notice to the Exec Comm of leave dates. The Vice President assumes the position until the President returns. |
|
Proposed Bylaw Language
See proposed language on page one.
Solicit Executive Committee Feedback
The proposed bylaw language is to fulfill the Spring 2017 annual meeting attendees wish to bring before the membership language that is more clear.
We look forward to your comments.