Faculty Association of Northern Lakes College Constitution Compiled December 20, 2008 Amended August 19, 2016
Table of Contents 1. Terminology... 1 2. Objectives... 2 3. Membership... 2 4. Executive Committee... 2 5. Meetings... 5 6. Nominations and Elections... 6 7. Voting... 7 8. Representatives on College Committees and the Board of Governors... 7 9. Financial Matters... 8 10. Amendments to Constitution... 9 11. Ratification of Proposed Collective Agreements... 9 12. Wind Up and Dissolution... 10 Appendix 1... 11 Appendix 2... 16 ii
1. Terminology 1.1. Name The name of this association is the Faculty Association of Northern Lakes College (FANLC). 1.2. Definitions In these bylaws: 1.2.1. Agreement or Collective Agreement means a current agreement reached between the Association and the Board of Governors according to Section 84 of the Post-Secondary Learning Act or its successor. 1.2.2. Special Assembly means a meeting of the Association other than the Annual General Meeting. 1.2.3. Association or Faculty Association means the Faculty Association of Northern Lakes College 1.2.4. Board or Board of Governors means the Board of Governors of Northern Lakes College. 1.2.5. Campus means all or any of the campuses of NLC. 1.2.6. College or NLC means Northern Lakes College. 1.2.7. The Post-Secondary Learning Act means the Post-Secondary Learning Act, Statutes of Alberta, 2003, Chapter P-19.5 or its successor. 1.2.8. Extraordinary Resolution means a resolution passed by a majority of not less that three fourths (3/4) of such members entitled to vote as are present in person and voting at an Annual General or a Special Meeting of which notice specifying the intention to propose the resolution of an Extraordinary Resolution has been duly given. 1.2.9. Member or Association Member means a Member of the Association as defined in Section 3.1 of the Bylaws. 2. Objectives 2.1. to act as the representative of members of the Faculty Association in the negotiation, monitoring and enforcement of the terms and conditions of employment. 2.2. to protect the independence and freedom of academic thought and teaching. 2.3. to advance and protect the academic concerns and professional interests of its members as individuals and groups. 2.4. to foster academic and social community among members of the Association. 2.5. to deal with any other matters considered by the Executive Committee to be in the interests of the Association or it members. 2.6. to promote the joint interests and welfare of the Faculty Association of the provincial colleges and institutes through the Alberta College-Institutes Faculties Association (ACIFA). 3. Membership 1
3.1. Members: Members of the-fanlc-are all individuals designated as academic staff within the Collective Agreement for the duration of their appointments. Members have the right to attend Annual General Meeting and Special Assemblies, to nominate individuals for office in the Association, to hold any office in the Association (elected or appointed), to receive regular communications issued by the Association, and to receive all special privileges, discounts or benefits arranged by the Association for its Members. 3.2. Termination of Membership: Membership in the Association terminates sixty (60) days after the termination of employment at Northern Lakes College or, in the event of a grievance procedure being initiated by or on behalf of a member, for sixty (60) days beyond the conclusion of the grievance procedure or any legal action arising from it. 3.3. Honorary Members are persons whom the Executive has awarded honorary membership for distinguished service to the Faculty or College. 3.4. Associate members are persons who pay prescribed dues, on whose behalf the faculty does not bargain but who meet such criteria as the Executive may have established. 4. Executive Committee 4.1. The Executive Committee of the FANLC consists of the Officers of the Association as defined in Section 4.2. The executive committee consists of the following: A) President B) Past President C) Vice President of Faculty Welfare D) Vice President of Academic Affaires E) Secretary F) Treasurer G) Chair of the Negotiating Committee 4.1.1. Executive Committee duties 4.1.1.1. The Executive Committee calls special meetings and the Annual General Meeting of the Association as set forth in Article 5. 4.1.1.2. The Executive Committee establishes the agenda for all special assemblies and the Annual General Meeting. 4.1.1.3. The Executive Committee, at the Annual General Meeting of the Association, presents a financial review and audited financial statement for the year ending June 30. 4.1.1.4. The Executive Committee calls by-elections or, in emergencies, appoints members to fill vacancies in Association offices and committees. 4.1.1.5. Subject to any Bylaws, properly enacted or amended or replaced, the Executive Committee has the power to manage, operate and direct the affairs of the Association between assemblies of the Association. 2
4.1.1.6. The Executive Committee has the power to remove Executive Committee members for inadequate performance of duties. On receiving the recommendations the General Assembly may, at its discretion and if ratified by a three fourths (3/4) majority vote, reinstate the member to the Executive Committee. 4.1.1.7. The Executive Committee may from time to time appoint any employees and agents they consider necessary to carry out the objectives of the FANLC and these agents and employees have the authority and responsibilities prescribed by the Executive Committee. 4.1.1.8. The Executive Committee shall act as members of the Grievance Committee and decides whether the FANLC shall take any matters (grievance/negotiation) to the level of arbitration. 4.2. The Officers of the Executive Committee are: 4.2.1. President 4.2.1.1. is the Chief Executive Officer and shall act as chair of the Executive Committee. 4.2.1.2. is an ex-officio member of all Association committees. 4.2.1.3. shall preside over all Association Assemblies and through the Executive Committee be responsible for the preparation and approval of agendas. 4.2.1.4. is the spokesperson for the Association and is responsible for official correspondence. 4.2.1.5. shall supervise employees of the Association. 4.2.1.6. is empowered to countersign approved cheques. 4.2.1.7. distributes an annual written report to the AGM on behalf of the Executive Committee. 4.2.1.8. shall have a two year term, and be elected in those years ending in an odd number. 4.2.1.9. represents FANLC on ACIFA Presidents' Council. 4.2.2. Vice-President of Faculty Welfare 4.2.2.1. shall chair the Association Grievance Committee and is responsible for the handling of Association grievances brought under the Collective Agreement, as well as the mediation of internal disputes. 4.2.2.2. shall ensure that the Association policies and procedures are known and followed in cases of members who appeal to the Grievance Committee. 4.2.2.3. on behalf of the Grievance Committee, report to the Executive Committee, and recommend whether or not to pursue a grievance in the Association's name. 4.2.2.4. is elected for a term of two years in those years ending in an odd number. 4.2.2.5. shall supervise the T.L.C. Committee 4.2.2.6. is empowered to countersign approved cheques 3
4.2.3. Vice-President of Academic Affaires 4.2.3.1. is empowered to counter-sign approved cheques 4.2.3.2. represents the Executive and Academic Staff Association views to college committee(s) on faculty development. 4.2.3.3. is responsible for the interpretation and application of the Constitution, and the development and implementation of the Association policies and procedures, as directed by the Executive Committee 4.2.3.4. shall report on a regular basis to the Executive Committee and the General Assembly on matters of professional affairs considered by college committee(s) on faculty development. 4.2.3.5. is elected for a two-year term on those years ending on an even number. 4.2.3.6. is a member on Academic Council and acts as chairperson of the faculty caucus. 4.2.3.7. shall carry out the President's duties in his/her absence or assume the office if it becomes vacant until a by-election can be held. 4.2.4. Secretary 4.2.4.1. responsible for keeping minutes of all Association meetings. 4.2.4.2. responsible for making available with reasonable expediency copies of the minutes to all members of the Association. 4.2.4.3. report to the Executive Committee as directed. 4.2.4.4. maintain a current list of Association members. 4.2.4.5. provide new members with copies of the Constitution of the Association, its By-laws and Code of Ethics. 4.2.4.6. is elected for a term of two years in those years ending in an even number. 4.2.4.7. is empowered to countersign cheques. 4.2.5. Treasurer 4.2.5.1. shall keep accurate financial records and prepare a statement for audit of the financial transactions of the Association. 4.2.5.2. distributes an annual report to the Association which includes an audited financial statement for the fiscal year ending June 30. 4.2.5.3. reports to the membership regarding finances when requested. 4.2.5.4. administers the financial affairs of the Association, as directed by the Executive. 4.2.5.5. is empowered to countersign approved cheques. 4.2.5.6. responsible for preparing a written annual budget and distributing it to the membership in advance of the Annual General Meeting. 4.2.5.7. is elected for a term of two years in those years ending in an odd number. 4.2.5.8. upon written request, arrange a suitable time and place for any Member in good standing to review the financial records of the Association. 4
4.2.5.9. will serve as a member of the Professional Development Fund Committee 4.2.6. Past President 4.2.6.1. acts in an advisory role to the Executive, the President and the Association. 4.2.6.2. co-chairs the constitution committee and makes recommendations at the Annual General meeting on changes and revisions as required. 4.2.6.3. normally serves a term of two years following his/her presidency. 4.2.7. Chair of the Negotiating Committee 4.2.7.1. shall chair the Faculty Association Negotiations Committee. 4.2.7.2. advises the Executive Committee and the General Assembly on all matters concerning the negotiations and interpretation of the Collective Agreement. 4.2.7.3. is responsible for organizing, coordinating and directing the activities of the Faculty Association Negotiating Committee. is selected for a term covering the negotiating of a new contract, subject to 8.2.1.1. 4.3. Term Limits: Notwithstanding any other provision in the FANLC constitution, no FANLC member shall fill any official position, described in articles 4.2.1 4.2.7, for longer than the lesser of 8 consecutive years or four consecutive terms, except for an incumbent member whose term limit exceeds that specified in this term-limit rule, in which case that member's term will expire at the end of two years starting from the member's most recent election to that position. 4.4. Indemnification of Officers: Every Faculty Association Northern Lakes College Executive Committee member shall be indemnified out of the funds of the Association from all costs, charges and expenses sustained in any action or suit in the execution of his or her office except as occasioned by his or her own willful neglect or default. 5. Meetings 5.1. Meetings of the Executive Committee 5.1.1. The president of the Association calls a meeting of the Executive Committee at least two weeks prior to any assembly of the Association. 5.1.2. Special meetings of the Executive Committee may be called at the discretion of the president or any two Executive Committee members. 5.1.3. At any meetings of the Executive Committee, three members constitute quorum. 5.2. Meetings of the Assembly 5.2.1. Meetings of the Association shall be held as called by the president with sufficient notice and circulation of the agenda in advance of the meeting. The Association shall hold an Annual General Meeting (AGM) at least once a calendar year 5
within 6 months of the end of the fiscal year. The AGM will be held at the same time as a mandatory College general meeting for the convenience of Faculty members. The Executive shall announce the date of the AGM at least 4 months in advance. At such time: 5.2.2. the annual budget is ratified by a vote of 50% plus one of FANLC membership. the annual budget is ratified by a vote of 50% plus one of the FANLC members casting votes. 5.2.3. the year-end financial statement, in review engagement or audited form, is presented if available; otherwise, the year-end financial report will be presented within 4 months of the AGM to be approved by electronic vote by the FANLC membership. 5.2.4. elections will be held for the executive and committee members or a date will be approved as set by the executive. 5.2.5. other items as approved by the agenda. 5.3. Special Assemblies: Special Assemblies of the Association are called at the discretion of the Executive Committee, provided that notice of at least forty eight (48) hours has been given to the members of the Association. Special Assemblies of the Association are also called upon presentation to the President of a request signed by at least fifteen (15) Association Members. 5.4. Quorum: The quorum for any Special Assembly meeting is 35% of the membership. A quorum for the Annual General Meeting is 51% of the membership. 5.5. Rules of Order: The meetings of the Association are conducted according to such rules of order as the Association from time to time adopts. In the absence of such adopted rules of order or where such adopted rules of order are silent as to a particular matter in question, then such matters are governed by rule of order in appendix 1. 6. Nominations and Elections 6.1. Nominations 6.1.1. Nominations can be submitted in writing to the Executive Committee prior to the election. Written nominations must include the name of the nominee, a seconder and signed permission of the nominee. Oral nominations may be accepted at the meeting provided the nominee is present to give their consent. 6.1.2. In the absence of nominations, the Executive will determine how to fill the position. 6.1.3. The Executive Committee must give 21 days' notice to membership before the election date of positions to be open for Election. 6.2. Elections 6.2.1. Officers of the Association and members of standing committees are elected at the December AGM and will assume office immediately. 6
6.2.2. The term of the Chair or a member of the negotiating committee is extended when negotiations have not concluded in the ratification and signing of a Collective Agreement. 6.2.3. No member may hold more than one office simultaneously on the Executive Committee. 6.2.4. All officers, standing committee members and faculty representatives will be elected. Voting at a meeting shall be by secret ballot unless a show of hands is called for by motion. A candidate shall be declared elected to any position when the candidate has received the greatest number of votes cast by the quorum. 7. Voting 7.1. Voting at a meeting will be by a show of hands unless a secret ballot is called for by the Constitution and Bylaws or unless, by motion, a secret ballot is directed to be taken. 7.2. In any vote, a simple majority shall be required to carry a motion presented at the Annual General Meeting with the exception of an extraordinary resolution and a deficit budget which shall be ratified by 75% of the membership. In any vote, a simple majority shall be required to carry a motion presented at the Annual General Meeting with the exception of an extraordinary resolution and a deficit budget which shall be ratified by 75% of the membership casting votes. 7.3. E-mail voting in a form approved by the Executive Committee is accepted for purposes of voting for election of officers and committee members, amendments to the Constitution and By-laws and for such other important matters the Association may order to be voted in this manner governed by Electronic Mail Voting in appendix 2. 7.4. All members of the Faculty Association who pay dues have a full vote in all Association voting matters. 7.5. Candidates shall be entitled to appoint scrutineers for the period of balloting and the counting of ballots. 8. Representatives on College Committees and The Board Of Governors 8.1. Ad Hoc Committees 8.1.1. The Faculty Association may from time to time elect or appoint ad hoc committees as are required to carry out the objectives of the Association. These committees may include but are not limited to the following: Elections Committee, Tender Loving Care (TLC) Committee and the Ethics Committee. All ad hoc committees are responsible to the Executive and shall be required to attend such meetings and give such reports as directed by the Executive Committee. 8.2. Standing Committees 8.2.1. The Faculty Association Negotiating Committee (FANC): 8.2.1.1. Consists of the four members elected September AGM prior to the negotiating year. The committee will select a chair from its members. 8.2.1.2. Advises and assists in all matters of negotiating policy. 7
8.2.1.3. Reports to the Executive and to the membership of the Association at times and in a manner as directed by the Executive Committee. 8.2.1.4. Recommends acceptance or rejection of any proposed memorandum of agreement to the General Assembly but cannot bind the Association to any settlement or Collective Agreement 8.2.1.5. F.A.N.C. (negotiating committee) shall submit a proposed budget to the treasurer by the end of the fiscal year. 8.2.2. Professional Development Fund Committee 8.2.2.1. Administers the Professional Development Fund. 8.2.2.2. Consists of 3 elected members and the treasurer of the FANLC. 8.2.2.3. A chair will be selected from the elected members of the committee. 8.2.2.4. The committee chair will produce an annual report the College on October 1. 8.2.2.5. Will present a report to the membership of the faculty association at each Annual General Meeting. 8.3. Representatives on College Committees and Board of Governors 8.3.1. Academic Council 8.3.1.1. There are seven faculty representatives and additional alternates on Academic Council, one of whom is the Vice President of Academic Affaires who acts as the Chair of the faculty caucus and six others elected from the membership at large. 8.3.1.2. Representatives are elected for a term of two years with three (3) members elected in even numbered years and three (3) members elected in odd numbered years. 8.3.2. Faculty Representative on the Board of Governors 8.3.2.1. is elected by the Association and, pursuant to the Post- Secondary Learning Act, is recommended to the Minister to serve as the faculty member on the Board. 8.3.2.2. is chosen by the greatest number of votes of the membership. 8.3.3. Employee Management Advisory Committee EMAC 8.3.3.1. Membership consists of the faculty president, one regular and one alternate elected from the faculty. 8.3.3.2. Serve for two year term. 8.3.3.3. One is elected in even years, one in odd years with an alternate for each elected at the same time. 9. Financial Matters 9.1. The proposed budget for the coming year is distributed with the Agenda in advance of the Annual General Meeting. 9.2. The Executive Committee is empowered to meet all financial obligations within the budget limits as approved by the Association. 8
9.3. The Executive Committee may, by approval of an Extraordinary Resolution, borrow, raise or secure the payment of money necessary to carry out the objectives of the Association. 9.4. Any proposed budget where anticipated expenses are greater than anticipated revenues requires concurrence of 75% of the membership. Any proposed budget where anticipated expenses are greater than anticipated revenues requires concurrence of 75% of members casting votes. 9.5. Officers of the Executive Committee and members of other Association Committees may be reimbursed for normal and reasonable expenses incurred in the performance of authorized Association duties, upon submission of expense claims and approval of the Executive Committee or the Association. 9.6. Faculty dues are assessed: 9.6.1. for faculty members at the rate of 1 % of gross salary. 9.6.2. for faculty members on leaves of absence at a rate of.5% of gross salary. 9.6.3. for Associate Members the rate shall be.5 0/0 of gross monthly salary. 9.7. Motions requiring the expenditure of $ 1,000.00 or more where that amount has not been previously approved in the budget, requires approval by an Extraordinary Resolution. 9.8. An annual financial reconciliation will be conducted by an accountant chosen by the Executive. 9.8.1. an external financial audit may be requested by a motion approved by 50% plus one of the membership of the association. 9.8.2. an external financial audit will be conducted by an auditor chosen by the executive committee prior to a new treasurer taking office or every four years. 10. Amendment to Constitution: The Constitution and Bylaws of the Association may be enacted, amended or repealed at any Annual General or Special Assembly by Extraordinary Resolution, provided that 90 days notice be given for an AGM and 14 days notice be given for a Special Assembly. 11. Ratification of Proposed Collective Agreements 11.1. The vote to ratify the proposed terms and conditions of employment will be conducted by secret ballot. 11.2. All changes, deletions, additions and amendments being proposed to the existing Collective Agreement, will be communicated to members in writing. 11.3. The FANC shall recommend that the proposed memorandum of Agreement be either accepted or rejected. 11.4. Ratification is achieved when the proposals have been adopted by 50% plus one of votes cast. 12. Wind Up and Dissolution 9
12.1. In the event the association is wound up or dissolved in the course of its ordinary business, all of its assets, after payment of its liabilities, shall be distributed in one of the following ways, or in a combination thereof. 12.1.1. disposition of the assets (or portion thereof) pro rata to the current members. 12.1.2. assignment of the assets to a successor academic staff association or to another organization designated by the members. 12.1.3. deed of trust to a person or corporation as designated by the members to be held on terms approved by the members. 12.2. Voluntary windup of the dissolution shall follow the same procedural provisions (notice, quorum, voting procedures, etc.) as apply to the Annual General Meeting. 12.3. In the event of the association's impending involuntary windup or dissolution as a result of legislation, regulation or ministerial policy, all of its assets, after payment of its liabilities, shall be distributed as per section 12.1 above. 12.4. In the event of impending involuntary windup, the Officers of the Association shall be specifically empowered to convene an emergency meeting upon 48 hours written notice. The quorum requirement shall be a simple majority of those members present at the meeting. At this meeting, the Officers shall put forward the evidence prompting their action in calling an extraordinary meeting for the purposes of dissolving the Association and distributing its assets. 10
Appendix 1 Rules of Order Meetings of the Association and its component parts, including Convention, shall be conducted with decorum in accordance with the following rules: : The Chair or, in the absence of the Chair a Vice-Chair, shall preside at the time specified at all regular and special meetings. In the absence of the Chair and ViceChair a temporary presiding Officer shall be chosen by the meeting. Rule 2: At the commencement of every meeting the agenda for that meeting shall be adopted Rule 3: By motion, the adopted agenda may be suspended or changed by a two-thirds (2/3) vote of those present and voting Rule 4: Every motion should be worded so as to propose an affirmative action. Rule 5: Each motion, amendment or sub-amendment must be moved and seconded Rule 6: The chair shall, upon request, have the motion under debate read Rule 7: All resolutions and motions shall, if requested by the Chair, be presented in writing. Rule 8: A member having made a motion can withdraw it with the consent of the seconder if there is no objection. Rule 9: A member shall indicate to the Chair their desire to speak or present a motion, but shall not proceed further until recognized by the Chair. Rule 10: When recognized, a member shall state name and component before proceeding. Where the meeting is of such size or nature that the members are known to each other, the application of this rule may be waived. Rule 11: A member shall speak only to the matter under debate. Rule 12: No member, except the mover of a motion, shall speak for more than three (3) minutes at any one time or more than once on the same motion until all members wishing to speak have had an opportunity to do so. The Chair of a Committee may speak as required. Members may, with the permission of the chair, be allowed further opportunity to speak. Such additional opportunity shall not automatically close debate. A member speaking to a motion may not move a subsequent motion during or at the conclusion of his speech. A member having spoken to the main motion retains the right to move amendments or to speak to the amendments Rule 13: A member may only interrupt a meeting to speak on: 11
a) A Point of Order when questioning the application of these Rules and may interrupt another speaker. b) A Point of Privilege when the rights or interests of the assembly or individual are affected, but shall not interrupt another speaker. c) A Point of Information (Point of Inquiry) when a member requires more information on the subject under debate, but shall not interrupt another speaker. The Chair may answer or direct or request another to respond. Rule 14: If a Point of Order is called, the member speaking shall cease debate until the Point is determined. Rule 15: When the Chair feels that debate has been exhausted or when a predetermined time limit is reached, the Chair shall put the question. When the Chair is unsure of the will of the meeting, the Chair shall test the floor. A test of the floor may be requested by any member and the Chair shall comply. Rule 16: No member shall enter or leave a meeting during the taking of a vote or when the doors are closed by order of the Chair. Rule 17: Questions shall normally be decided by a majority show of hands (or voting cards) on the basis of one (1) vote for each member present and entitled to vote. In the event that the Chair cannot determine the outcome of a show of hands, the Chair shall direct that a standing vote be taken and counted. A member may request a standing vote. If ten (10) members or ten percent (10%), whichever is least, of those present and entitled to vote, stand to concur with the request, the Chair shall conduct a standing vote. Where at variance with a preceding vote on the motion, the result of a standing vote prevails The Chair or a member may request that a roll call vote be taken. If fifty (50) members or twenty percent (20%), whichever is least, of those present and entitled to vote, stand to concur, the Chair shall conduct a roll call vote. Where at variance with a preceding vote on the motion, the result of the roll call prevails. A member may, by motion, request a ballot be taken on the matter under consideration. The result of any ballot is final and binding. On completion of any vote, the Chair shall declare the result, and in the case of a counted vote, shall state the numbers voting for and against. Unless the Constitution states otherwise, all motions shall be decided by a simple majority (50% plus one) of those entitled to vote and voting. Neither an abstention nor a spoilt ballot shall be counted in the number used to determine a majority. The number of abstentions and/or spoilt ballots may be counted and entered into the record. A request for a standing, roll call, or ballot vote shall be made preceding or immediately following the declaration of the result. 12
Where 50% plus 1 is specified in the Constitution to resolve a question, decide an election or establish a quorum, and where 50% does not result in a whole number, then the number shall be reduced to the nearest whole number before the addition of one (1). Rule 18: The Chair shall not take part in debate nor vote, but may yield the chair to another in order to speak on any motion or to introduce a motion. Rule 19: In the event of a tie, a motion shall not prevail. Rule 20: Notwithstanding Rule 18, the chair of a committee shall have the right to participate in discussion and vote on any issue. Rule 21: When a motion has been properly moved and seconded; only the following motions, in the order listed, shall be in order: Debatable Amendable To Adjourn No No To Recess (for a definite time) Yes Yes To Challenge the Ruling of the Chair No No To Refer or Defer Yes Yes To Stop Debate No No To Limit or Extend Debate Yes Yes To Divide or Amend Yes Yes To Table No No Rule 22: A motion to adjourn the meeting shall always be in order except when a member has the floor or a vote is in progress. The motion must be seconded but is not debatable. The Chair shall indicate what business remains before taking the vote. A motion to adjourn having been put and lost cannot be raised again until some further business has been dealt with. A motion to adjourn which carries shall terminate the business of the meeting. Rule 23: A motion to recess for a definite period of time (including to the next day) may be moved when it becomes necessary for a suspension of the proceedings. The motion must be seconded and is debatable and may be amended as to time. 13
Rule 24: Notwithstanding Rule 23, the Chair, in the interest of maintaining decorum shall have the right and responsibility to recess any meeting where, in the opinion of the Chair, the meeting is no longer under control. Rule 25: A motion challenging the ruling of the Chair may be made when a member feels gravely wronged or believes that the ruling is violation of procedure or that the best interests of the Association have not been served. The motion must be seconded and is not debatable or amendable. The challenged Chair shall yield the Chair to another Office. The challenger shall briefly state the reasons for the challenge and the challenged Chair shall give the rationale for the ruling. The presiding Officer shall put the question to the floor in the form "Shall the Chair be sustained?" When the challenge is decided, the Chair shall resume control of the meeting. Rule 26: A motion to refer or defer shall be in order where it is necessary to obtain information, where action is required, or where more time for study is necessary before a decision can be made. A motion to refer or defer must be seconded and is debatable and amendable, as to advisability. Referral shall be to: a) an individual, b) a committee, or c) another source. Individuals and committees to whom a referral is made may be directed to report back at a specified time. Deferral shall be to later in the same meeting or to subsequent meeting. Where a deferral is made to a subsequent time/meeting Rule 27: A motion to stop debate shall be stated in the form: I move the motion be put.. The motion must be seconded and is neither debatable nor amendable if carried, the Chair shall immediately put the question on the motion, amendment or subamendment under debate. Rule 28.1: A motion to limit debate may be used: a) to limit the time allowed for each speaker, b) to set up a time for the question to be put, or c) to limit the number of speakers or pro and con speakers. The motion must be seconded and is debatable and amendable. Rule 28.2: A motion to extend debate is in order only where debate has been limited. The motion must be seconded and is debatable and amendable. Rule 29.1: A motion to divide is in order only when the motion under consideration can be divided into independent motions. The motion must be seconded and is debatable and amendable. 14
Rule 29.2: A motion to amend shall be in order where it is necessary to modify the main motion. It shall be strictly relevant and shall not alter the intent of the main motion. A sub-amendment shall be in order to modify an amendment, but shall not alter the intent of the amendment. No more than one amendment and one subamendment is amendable. Amendments and sub-amendments must be seconded and are debatable but only an amendment is amendable. Rule 29.3: Constitutional amendments shall not be subject to further amendment from the floor and shall be debated as presented. Resolution may be referred to the appropriate committee with direction subject to Rule 26. The committee shall, where possible, accommodate such direction Rule 30: A motion to table is in order where it is necessary to set aside the matter under discussion to deal with more urgent business or where it is not expedient to make a decision. The motion must be seconded and is not debatable or amendable. A tabled motion may be considered only after a motion to lift from the table has been properly moved, seconded and carried. The motion to lift from the table is neither debatable nor amendable. Rule 31: A motion to reconsider shall be in order where it is necessary to review a decision taken at the meeting. It cannot be used in the case of elections, constitutional resolutions, nor in the case of any action which has already been taken and cannot be reversed. A motion to reconsider must be moved and seconded by members who originally voted with the majority and requires a two-thirds (2/3) vote of those present and voting to pass is debatable but not amendable. Rule 32: A motion to rescind shall be in order where it is believed that a wrong decision has been taken or when the decision taken is no longer applicable. It cannot be used in the case of elections, constitutional resolutions, nor in the case of any action which has already been taken and cannot be reversed. A motion to rescind must be seconded and is debatable but not amendable, and requires a two-thirds (2/3) vote of those present and voting to carry. Rule 33.1: Where the preceding rules are silent; Bourinot s Rules of Order Third Revised Edition shall apply in the following order of precedence: Part II Rules & Usages for Assemblies General Part III Assemblies and Organizations Part I The Parliamentary Basis of Rules and Usage Part IV Company Meetings, shall not apply. Rule 33.2: No meeting or resolution shall be held invalid for failure to follow the Rules of Order in this Constitution unless the failure results in a substantial prejudice or harm. 15
Appendix 2 Electronic Mail Voting The Executive Committee may use the email system for the voting of faculty association members. This process may be used at the discretion of the executive committee for those issues not requiring a secret ballot. The advantage of the email process is that it will allow the input of members at different sites without incurring travel costs. The process for this type of vote will be as follows: 1. Question to be determined by the Executive Committee along with any recommendations of the committee. 2. Question to be emailed to faculty association members using faculty list serve with a request to reply to faculty association office within one week deadline. Each faculty member's response must be made from their email address. The standards outlined in article 7.2. of the constitution will apply to carry a motion. The standards outlined in the constitution for a quorum will apply. Those people who vote will be considered as present for the purpose of quorum count. 3. Enumeration of results by the ballot will be done by a results committee appointed by the executive committee. The committee will prepare a certified copy summarizing the results of the electronic mail. These will be forwarded to the executive committee and the ballots destroyed. Results of the question will be kept by the Secretary as part of the faculty association minutes. A printout of the faculty list serve will be attached to these results. The results will be emailed to faculty members at the email address. 4. This results committee will have the power to scrutinize and eliminate votes not conforming to reasonable standards to satisfy themselves that vote duplication has not occurred. 5. The email system may also be used by the executive committee to gather faculty opinions. 16