MICHIGAN TECHNOLOGICAL UNIVERSITY University Senate ------------------------------------------------------------------------ TO: University Community DATE: February 8, 1995 FROM: Theodore J. Bornhorst, President of the University Senate Janice M. Glime, Vice President of the University Senate John W. Jobst, Secretary of the University Senate SUBJECT: Constituency of the University Senate The Executive Committee of the University Senate, consisting of the Officers and the Chairs of Standing Committees, unanimously recommends that the Senate approve Proposal 22-95, Revision of Senate Bylaws. INTRODUCTION Last year at several meetings, the Senate discussed various aspects of the constituency, especially the appropriate division between those professional staff whom the Senate represents, and those whom the Senate does not represent. Since then the Officers have discussed this issue at great length with professional staff and faculty. Inasmuch as the Executive Committee is charged in the Senate Constitution with making recommendations on constituency, towards the end of last spring this group agreed to carefully review the constituency issue and bring recommendations to the full Senate. This major review by the Officers and Executive Committee began this past fall term and was recently completed. The purpose of the University Senate is to provide a mechanism through which its constituency, via duly-elected representatives, may offer input on policy decisions, and thus play a central role in shared governance. It provides a forum where informed decision making may occur. The Senate currently represents all faculty and research units, as well as selected professional staff. The current structure of Senate voting distinguishes between two major groups: academic units, and the remaining units, primarily but not exclusively professional staff. Both are charged with debating all issues, but only academic units may vote on academic issues. No matter what structure of governance is chosen, professional staff cannot make academic policy. Nevertheless, the input from professional units, on whatever topic, offers the Senate an opportunity to be more informed and better able to vote from a knowledgeable perspective. This system of allowing only academic units to vote on academic issues would not change with Proposal 22-95. PREREQUISITES FOR CHANGE Before considering any change in the Senate constituency, the Executive Committee agreed upon several prerequisites. These prerequisites set forth goals and pre-conditions for change, including: 1. The current voting structure, which distinguishes between academic, research and other issues, must be maintained. 2. The effectiveness of the University Senate in dealing with the Administration must not decrease. Recommendations on University policy-making come from the Senate and the Staff Council. President Tompkins called for a vote on whether to change the health care system. If the Senate had rejected the proposed change, and the Staff Council had voted for it, then the administration could have moved forward over the Senatežs objections. Similarly, the situation could have been reversed. Clearly, anyone can see that if the Senate and Staff Council could somehow be divided on an issue, they could easily be conquered. A strong Senate will diminish this possibility. 3. The tenured faculty should be a majority in the University Senate. Professional staff, without the protection of tenure, are less free to express opinions, and they could be subject to administrative pressure, such as during the recent staff layoffs or Ventures affair. Professional staff gain by being with tenured faculty while faculty gain by the increased magnitude of the Senate constituency. A secret ballot vote can protect professional staff only if tenured faculty are in the majority and if the numbers of votes are not revealed. 4. The Senate leadership must be capable of significant interaction with the administration and free from administrative pressure. 5. All Senators and Liaisons enjoy the right to debate any issue. 6. Members of the administration should not be constituents of the Senate. COMMENTS ON PROPOSAL 22-95 What is about to be described is a package proposal. Parts within this package are balanced to provide a solid framework for a stronger University Senate. The Executive Committee considered the tradeoffs and implications of each part of the proposal. Their deliberations were completed in closed session because of the potential implications for the entire University community and because outside discussion of isolated segments could have been divisive. The package is now ready to be presented to the University community based on the full support of the Executive Committee. The Executive Committee unanimously recommends that the Senate approve the following changes to the Bylaws of the University Senate Constitution: 1. The President and Secretary of the Senate shall have tenure. This insures protected Senate leadership. 2. The Vice President of the Senate shall be from a unit other than an academic degree-granting department. This provides remaining units with a guaranteed role in the Senate leadership. 3. All Senate constituents will vote for At-large Senators, who shall be from academic degree-granting departments. This insures a majority of academic faculty in the Senate but at the same time gives all constituents a voice in who is selected. 4. Any Dean/Director reporting directly to the President, Executive Vice President and Provost, Treasurer/Chief Financial Officer, Vice Provost and Dean, Vice President for Advancement, Secretary to the Board/Vice President for Governmental Relations or the Board of Control shall not be a constituent of the Senate. These individuals are considered to be part of the administration and already enjoy significant influence in decision making. 5. Any Staff person who by nature of appointment has significant influence with the President, Executive Vice President and Provost, Treasurer/Chief Financial Officer, Vice Provost and Dean, Vice President for Advancement, Secretary to the Board/Vice President for Governmental Relations or the Board of Control shall not serve as Senator or Alternate as determined by the Executive Committee. These individuals are considered analogous to department chairs and may be constituents but not Senators or Alternates. 6. ROTC shall be considered a single course-offering unit with one senator and one alternate. 7. Representation for Education and Public Services is eliminated, but the two affected constituents will be placed into another course- offering unit. This unit, although defined in the Senate Bylaws, has not been counted for a quorum. 8. All professional staff (non-faculty) now in academic units will be placed into a designated non-academic group. This will focus academic decision-making on faculty in degree-granting departments, and is consistent with voting rights on academic issues. Last, but most significantly, 9. Everyone identified as non-faculty, non-union, non-temporary, and non- part-time University employees, not currently represented by the Senate, will be a constituent of the Senate, except those of the administration. These individuals will be placed into one of nine designated non-academic groups or an existing unit. In essence, under Proposal 22-95, all non-union employees will be constituents of the University Senate. The addition of six newly-designated non-academic groups will leave a majority vote in the hands of the faculty, while at the same time providing a significant vote for professional staff (see attached proposed structure). The number of groups was given careful consideration to maintain balance in numbers and provide adequate representation. While groups vary in size, and individuals may report to more than one administrator, and some groups are more diverse than others, the Senate, nevertheless, will gain strength when discussing non-academic issues by providing one, unified, non-union opinion representing a major segment of Michigan Tech employees. Furthermore, professional staff who have been represented in the debate will more clearly understand and be more supportive in carrying out the decisions of the Senate. The structure described here increases the credibility of the Senate and maximizes the ability of the Senate to influence the administration. RAMIFICATIONS The ramifications of this proposal are significant with respect to Staff Council, which represents those employees not represented by the Senate. If this proposal is adopted, Staff Council will become a union council. Why should professional staff wish to leave Staff Council and join the Senate? The Staff Council is legally prevented from debating union- mediated issues, such as wages, hours, and working conditions. In effect, this prevents non-union staff from discussing issues important to them. Professional staff have never had a choice in these areas; these issues have been decided for them without their representation. The Senate, however, is not bound by such restrictions. Last year, for example, the University Senate passed Proposal 21-94, Recommendation for a Professional Staff Handbook. This publication will focus on professional staff and codify methods of dealing with their concerns. Faculty and professional staff currently represented by the University Senate want a better Michigan Tech for everyone, including employees and students. The University Senate will provide an effective forum for professional staff as well as faculty. By representing the non-academic concerns of the professional staff as well as their academic concerns, the Senate will increase its workload. However, most of the time will be spent on committee work where professional staff will bear the bulk of the burden. The current structure, with its division of voting rights, has worked well. The present constitution was crafted to make an expansion, such as the one proposed here, possible through Bylaws changes without altering the rights and responsibilities of the Senate. Faculty need staff input to make informed decisions on academic issues. The staff need a forum to express their concerns on controversial issues. Nevertheless, faculty alone, across the nation, have the responsibility for academic issues; this responsibility cannot be placed in the purview of non-academic personnel. Should the expanded Senate fail to play an effective central role in shared governance of Michigan Tech, the faculty or staff always have the right to secede and go their own way. That right always remains, regardless of the eventual disposition of Proposal 22-95. CONCLUSION The Executive Committee unanimously recommends approval of Senate Proposal 22-95, Revision of Senate Bylaws, as a complete package which would strengthen the Senate as the legislative branch of shared University governance because its constituency would then truly represent the Universityžs diversity and interests, while still allowing the academic segment its appropriate dominion over academic concerns. In addition to Senate approval, the Executive Committee recommends that the proposal not be considered adopted until approved by a majority vote of the affected staff personnel. This allows affected staff to decide democratically their place in University governance. Proposal 22-95 will be eligible for a vote at the March 8 meeting of the University Senate. While the decision should not be rushed, we should decide by no later than the end of spring quarter. This proposal will be on the agenda until the Senate decides. Proposal 22-95 is attached for review and debate. .