February 14, 2011


B. Revision of the Handbook of Operating Procedures, Chapter I, Section V. Clarifying the Voting Rights of Faculty in Colleges, Schools and Departments (D 8563).

Professor Friedman said the proposed legislation was an addendum to the motion passed at the January Council meeting regarding voting rights. He said the proposed change was to remove the phrase “an administrative post” from the current wording in Section V.B.1.a. Professor Friedman said this phrase seems different from the other items in this series, which state that the voting rights of faculty members shall not be affected by “release of time for research, career development, and endowed chair, or other such activities.” He said his concerns pertained to the possibility of a potential double jeopardy or conflict of interest whereby administrators and certain faculty members are allowed to vote or determine personnel decisions twice, at either the college/school level or department level and then again at a different level if they hold administrative positions. He said the legislation sought to clarify that an individual should participate at one level or the other but not at both.

Adding the new item, V.B.3., according to Professor Friedman, clarified that this proposed change would cover both administrators and faculty members who serve on certain committees that review personnel decisions. He said the committees specifically mentioned in the legislation are the following: Faculty Grievance Committee, Committee of Counsel on Academic Freedom and Responsibility, and School/College Promotion and Tenure Committees. He added that it had been difficult to develop the wording correctly “because circumstances differ around campus, and differ for different kinds of circumstances.” He explained the proposal specifically addresses personnel matters and possible conflicts of interest. The underlying principle, according to Professor Friedmen, is that “neither administrators nor faculty should be in a position to review or determine personnel decisions in which they have already participated.”

Because the amendment came from Faculty Council Executive Committee, Chair Neikirk said a second was not required, and the floor was open for discussion. He asked if there were any questions or comments. Since there were none, he called for the vote. The proposed amendment was unanimously approved by voice vote.

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