Maricopa Community College District Faculty Association

The name of this organization will be the Maricopa County Community College District Faculty Association represented by the Faculty Executive Council, Inc., hereinafter referred to as the Faculty Executive Council.

ARTICLE II. PURPOSE

The purposes of the Faculty Executive Council shall be:

1. To serve as the representative of the faculty association/senate of each college or community college center in the Maricopa County Community College District (MCCCD) to the District Administration and Governing Board of the MCCCD.

2. To facilitate communications between the residential faculty and the District administration, and the Governing Board of the District.

3. To serve as the representative of the Residential faculty in academic and professional matters as stated in the Residential Faculty Policies.

4. To serve as the representative of the Residential faculty.

ARTICLE III. MEMBERSHIP

Section A.
The Faculty Executive Council represents residential certificated faculty members, defined as instructional and support services personnel, either appointive or probationary. Specifically excluded are the administrative staff of the MCCCD.

Section B.
The Faculty Executive Council will consist of twenty-two college or community college center faculty representatives, exclusive of the president, and the president-elect. A minimum of one position will be allocated to each college or community college center faculty that is eligible to participate in the Council. College or community college center eligibility requires submission of an acceptable constitution, payment of Faculty Association dues, identification of a presiding officer, and such other qualifications as may be established by the Council and required of all member colleges and community college centers. The deadline for college or community college center eligibility is the preceding fifteenth of November. Each eligible college's or community college center's first representative position should be assigned to its presiding officer. The positions that remain after the minimal number has been subtracted from the original twenty-two will be allocated to the colleges and community college centers in direct proportion to the number of faculty with paid or pledged Faculty Association membership as of November 15 of the immediately preceding fall semester. The resultant size of the Council may fluctuate around twenty-two due to rounding considerations. Disputed or tied allocations may be adjudicated by the Executive Committee.

For example, if thirteen positions remain and College or Community Center A has twenty-one percent of the November 15 membership, then College or Community Center A is entitled to 2.73 or rounded to the nearest whole number, three positions, in addition to the one minimal position already awarded.

A college or community college center that meets eligibility requirements too late for inclusion in the current Council may petition the Executive Committee to allow a non-voting delegate to attend the Council's regular meetings. Representatives to the Faculty Executive Council from each college/center must be current members of both their local college or community college center faculty associations/senates and the District Faculty Association.

Section C.
Representatives, other than college and community college center faculty presidents, shall begin their terms at the first meeting of the incoming Faculty Executive Council regardless of the time they were chosen by their college or community college center faculty.

Section D.
The president and president-elect will not be considered as part of any college or community college center representation. The president will vote only to break or create a tie; the president-elect will have no voting power except to break or create a tie on behalf of the absent president.

Section E.
Each member college and community center will choose alternates for regular council members. Alternates will serve in the event of the absence of a regular member.

Section F.
The President of the Department/Division Chair Executive Council will be a voting member of the Faculty Executive Council. Reciprocally, the President of the Faculty Executive Council will be a voting member of the Department/Division Chair Executive Council. Both individuals will be full time faculty members and members of the District Faculty Association.

Section G.
Members of the Faculty Executive Council are expected to abide by the "Code of Responsibility" attached to this Constitution in Appendix A.

ARTICLE IV. OFFICERS

Section A.
The Faculty Executive Council will elect a president-elect, a secretary, and a treasurer.

Section B.
All officers will be elected for a term of one calendar year beginning at the close of business at the first May meeting of the Faculty Executive Council.

Section C.
Duties of the officers of the Faculty Executive Council shall be as follows:

1. The president will:
(a) Preside over Faculty Executive Council and Executive Committee meetings;
(b) Chair the Faculty Residential Policies Review Committee;
(c) Appoint all Faculty Executive Council Committees and their chairpersons;
(d) Be an ex-officio member of all Faculty Executive Council committees;
(e) Initiate contacts between the Faculty Executive Council, the District Administration, and the Governing Board;
(f) Call special meetings of the Faculty Executive Council and the Executive Committee;
(g) Represent faculty interests at meetings of the Presidents' Council, the Governing Board, and other appropriate agencies;
(h) Prepare a summary report of summer faculty governance activities and distribute to all residential faculty by September 15;
(i) Ensure that the representative to the District Common Policies Committee has approval of the Executive Council before voting for any change(s).
(j) Keep the president-elect informed of matters relating to the presidency;
(k) Enter into an active education program with the president-elect to ensure preparation for the presidency.

2. The president elect will:
(a) Preside at meetings when the president is absent;
(b) Assume the duties and office of the president for the remainder of the term if that office should for any reason become vacant;
(c) Serve on special committees at the direction of the Executive Committee;
(d) Serve as a member of the Faculty Meet and Confer Committee;
(e) Serve as parliamentarian for all meetings;
(f) Keep informed of matters relating to the presidency by consulting with the president regularly;
(g) Assume the duties and office of the president when the term of current president expires.

3. The treasurer will:
(a) Gather data necessary for the preparation and presentation of the annual budget;
(b) Collect dues; maintain proper bank accounts;
(c) Report the finances of the Faculty Executive Council at regular meetings;
(d) Write checks at the direction of the president or Faculty Executive Council;
(e) Present a financial statement at the last meeting of the outgoing Executive Council.

4. The secretary will:
(a) Ensure that minutes are taken for all regular and special Executive Council meetings and distributed to all residential faculty.

5. The past-president will:
(a) Perform duties agreed upon by the past president, the incoming president, and the Executive Committee prior to the end of the previous president's term. The assignment and any remuneration for the past-president will be passed by a majority of the Executive Council at its first meeting.

ARTICLE V. EXECUTIVE COMMITTEE

Section A.
The Executive Committee will consist of the president, the president- elect, and the faculty association/senate president of each college and community college center in the MCCCD.

Section B.
The Executive Committee will make recommendations to the president for appointments to all Faculty Executive Council committees and for their chairs.

Section C.
The Executive Committee will make recommendations to the president for removal and replacement of any member or chair serving on a committee of the Faculty Executive Council.

Section D.
The Executive Committee will make recommendations to the Faculty Executive Council through the president to place action items on the agenda in emergency situations.

Section E.
The Executive Committee will prepare the annual proposed budget.

Section F.
A quorum of the Executive Committee will consist of a simple majority of the number of member colleges' faculty presidents plus either the president or the president-elect.

Section G.
The Executive Committee will serve as the decision-making body for the Meet and Confer process.

Section H.
Appointments to special offices for the purpose of performing specific activities valued by the Faculty Association (e.g. PeerPoint editor or information officer, membership director, chief negotiator, grievance officer) may be made only in accordance with the following provisions:

1.
The Executive Committee will identify and discuss potential candidates for any special offices. A subcommittee of the Executive Committee, consisting of the President and two additional members, shall develop recommendations, with appointment subject to approval by the Executive Committee as a whole.

2.
Holders of such offices may participate in meetings of Council only in an ex officio, non-voting capacity.

ARTICLE VI. DUES

Section A.

1.
Dues, covering the fiscal year, will be assessed each faculty member who joins the District Faculty Association. These dues must be paid in full by cash/check or signed payroll deduction form by November 15. Dues are not refundable. Meeting the dues deadline is required for all benefits and privileges of membership.

2.
Faculty members may join the Association at any time during the fiscal year. Faculty members who have paid their dues by November 15 and new faculty hired after November 15 who have paid their dues within forty-five days of their initial hiring date will have access to the Faculty Association attorney for RFP and school related matters (as determined by the Executive Committee) and, at reduced rates, for other matters. The Executive Committee may recommend attorney access after this date. Requests for access to the attorney must be processed through the member's college or center president.

Section B.

1.
The Executive Committee of the Faculty Executive Council will submit the proposed budget for the following year at a regular Council meeting at least two weeks prior to the first meeting of the incoming Council. A budget will be adopted at the first meeting of the incoming Council. Dues for the following year will be recommended by the Executive Committee and approved by the Faculty Executive Council not later than February. Membership application forms for the following fiscal year will be distributed during March.

ARTICLE VII. MEETINGS

Section A.
The Faculty Executive Council will meet at least once monthly during the year.

Section B.
The Executive Committee will meet prior to every regular and special meeting of the Governing Board of the MCCCD to discuss personnel items and to recommend to the president the appropriate action. The Executive Committee will also meet to fulfill duties outlined in Article V., Sections B., C., D., E., and G. and during periods when a quorum of the Faculty Executive Council could not normally be assembled, such as on holidays and during Governing Board meetings.

Section C.
While meeting when a quorum of the Faculty Executive Council could not normally be assembled, the Executive Committee has authority to function as the Faculty Executive Council.

Section D.
Special meetings of the Faculty Executive Council may be called at the discretion of the president, or by request of twenty-five percent (25%) of the members of the Faculty Executive Council. All members of the Faculty Executive Council will receive prior notice of the time and purpose of the special meeting.

Section E.
Special meetings of the Executive Committee may be called at the discretion of any member of the Executive Committee. All members of the Faculty Executive Council will be notified of the time and purpose of the special meeting.

Section F.
A quorum of the Faculty Executive Council will consist of fifty-one percent (51%) of membership, exclusive of the president and the president-elect.

Section G.
Agenda items will be treated as follows:

1.
All agenda items will be processed through the member college or community college center presiding officer who will notify the Faculty Association President prior to a scheduled meeting.

2.
The criteria for submission of an item to the Faculty Executive Council are:
a. The matter concerns or could affect faculty members at more than a single college or community college center;
b. The issue cannot easily be resolved through normal local or District faculty and administrative channels.

3.
Any motion for action brought to Council by individual Council members or by the Executive Committee shall be presented to Council in writing for informational purposes, only, on the first occasion. The Council may vote on the motion at the subsequent meeting, following presentation of balanced information by the Executive Committee, where appropriate and possible.

In cases where the Executive Committee determines that action is urgently required before a subsequent meeting of Council can be convened, the Executive Committee may bring an issue with recommendation to Council for an immediate decision. In such cases, the Executive Committee shall: a) explain why it is urgent for Council to reach a decision immediately and b) make every effort to present Council with balanced information about the issues involved.

4.
Motions covering action items should be submitted in writing to all members of the Faculty Executive Council whenever feasible.

5.
The minutes of Executive Council meetings shall report for all issues on which votes were taken the number of ayes, noes, and abstentions.

6.
Meetings will be conducted in accordance with Robert's Rules of Order Newly Revised unless otherwise directed by this constitution. Preferential voting, as described in Robert's Rules of Order Newly Revised may be used when appropriate.

7.
Proxy voting will be limited to the election of officers, and will require written transfer of voting power.

ARTICLE Vlll. REFERENDUM

Upon petition by one-third of the fully qualified members of the District Faculty Association protesting an action taken by the Faculty Executive Council such action will be submitted as a referendum to the entire Faculty Association membership. The challenged action shall be nullified if disapproved by a majority of the total votes cast. This referendum procedure does not preclude the Executive Council's polling the entire MCCCD faculty, regardless of Faculty Association membership, on appropriate issues.

ARTICLE IX. COMMITTEES

Section A.
All committees and their chairpersons will be appointed at the direction of the president and the Executive Committee and approved by the Faculty Executive Council. Committees will serve at the pleasure of the president and the Faculty Executive Council for any period of time designated.

Section B.
Residential faculty, except those on sabbatical leave, leave of absence, or special leave will be eligible to serve on any committee.

Section C.
The following are the standing committees of the Executive Council:

1. Bargaining Council

a. Purpose
(1) The Faculty Executive Council shall serve as a committee-of-the-whole for the purpose of establishing the bargaining agenda for upcoming meet and confer negotiations.
(2) The objective of the process defined below shall be to solicit the broadest possible input from members of the Residential Faculty at all District Colleges and to synthesize the members' expressed goals and preferences into an integrated Faculty Association meet-and-confer agenda.

b. Timetable
(1) The Faculty Executive Council shall operate as the Bargaining Council during the semester (planning semester) prior to scheduled commencement of meet-and-confer negotiations.
(2) During the first month of the planning semester, the Council shall meet to identify issues of concern and to specify general issue areas requiring consideration for possible changes in the Residential Faculty Policies.
(3) During the second month of the planning semester, Council representatives shall be charged with convening "issue committees" on their campuses in each of the issue areas defined by Council. Nothing shall preclude faculty on any campus from introducing additional issues of concern or from forming additional issue committees not specified by Council. All campus faculty members shall be invited to participate in any issue committee(s) of their choice. Council representatives, working with the Faculty Senates on each campus, shall be responsible for synthesizing issue committee recommendations into an integrated report on meet-and-confer recommendations from each college.
(4) During the third month of the planning semester, the Council shall synthesize the campus reports, any recommendations accepted from the Executive Committee, and any other input or information deemed relevant by Council into an integrated agenda of Faculty Association meet-and-confer objectives.
(5) During the fourth month of the planning semester, the bargaining agenda defined by the Council shall be presented to the Executive Committee for implementation.
(6) The specific timetable for implementation of the process outlined above shall be determined by Council at its first meeting of the planning semester.

2. Faculty Meet and Confer Committee (Executive Committee)

a. Purpose:
(1) To receive and implement the meet-and-confer agenda presented by Council.
(2) To direct the Negotiating Team.

3. Negotiating Team

a. Purpose:
(1)to represent the entire residential faculty at the meet and confer table and act as agent for the Executive Committee.
b. Membership: The Executive Committee will identify and discuss potential members of the negotiating team. A subcommittee of the Executive Committee, consisting of the President and two additional members, shall develop a negotiating team slate, consisting of a chief negotiator and four additional negotiating team members. The final slate will be assembled with consideration given to including faculty from each of the four faculty areas: academic faculty, service faculty, occupational faculty, and department/division chairs. Such slate shall be subject to approval by the Executive Committee as a whole.

4. Residential Faculty Policies Review Committee

a. Purpose
(1) To submit recommendations to the Chancellor for adjudication whenever there is a contested interpretation of the existing policy.
b. Membership:
(1) The committee will be composed of the participating college faculty presidents and the Faculty Executive Council president, president-elect, and
(2) The Faculty Executive Council president will serve as chair for the committee.

5. FPG Steering Committee

a. Purpose
(1) The committee will serve as the policy writing
and review body for the professional growth guidelines.

(a) Monitor and revise as necessary FPG
policy for the advancements, sabbatical, fees and summer project programs. Recommendations for policy development, and or revision can be referred to the Policy Review Committee by FPG, FEC.
(b) Recommend to Meet and Confer areas for
RFP changes for FPG.

(2) Facilitate communication between FEC, FPG
and the faculty at large.

(a) Conduct an annual faculty survey re: the
FPG program. Address issues of FPG committee member evaluations and funnel that information to the FEC leadership and FPG chair.
(b) Responsible for implementing changes to
the FPG web site and would work with the Professional Growth secretary and the web master to implement these changes.
(c) Post meeting minutes and policy issues on
the policy discussion bulletin board.
(d) The Chair of the Policy Review committee
will report regularly to the FEC & FPG committees.

(3)    Review and monitor the FPG budget
expenditure and unexpended funds.

(a) Recommend for Meet and Confer requests
for budget increases.
(b) Review budget allocation and use during
the year.

b.    Membership
(1)    two members from FPG, one from each sub-committee    (Sabbatical/Advancements & Registration Fees & Summer Projects)
(2)    two members from FEC
(3)    two members from the faculty-at-large.
(4)    one additional member can be appointed from
any area to balance the dynamics of the committee.
The members of the committee should attempt to reflect variety of faculty types (service, occupational, academic,) and a variety of colleges.

c.    The FEC would approve the chair of the Policy
Review Committee at the first FEC meeting of the new council in May of each year considering recommendations of the Policy Review committee members.

d.    Standing meeting dates for committee meetings will
be the 2nd and 4th Thursday afternoons of the academic year. The Policy Review Committee would continue to receive support from the FPG secretary.

ARTICLE X. ELECTIONS

Section A.
Prior to the last regular April meeting, a nominating committee from the incumbent Faculty Executive Council, composed of one representative from each member college and community college center, will nominate a minimum of two (2) candidates for the office of president-elect. Other nominations may be made from the floor at the time of the election. Nominees for president-elect need not be members of the Faculty Executive Council.

Section B.
The incoming Faculty Executive Council will hold a meeting prior to the end of the spring term for the purpose of nominating a treasurer for the coming year. Other nominations may be made from the floor at the time of the election. Nominees for treasurer must be a member of the incoming Faculty Executive Council.

Section C.
Elections will be held as the last order of business at the first meeting of the incoming Faculty Executive Council. The first meeting of the incoming Faculty Executive Council shall be the last meeting of spring term.

Section D.
Each officer will be elected by a majority vote of the incoming Faculty Executive Council representatives. Election will be by written ballot (when there are multiple nominees) and each member of the incoming Faculty Executive Council will have one (1) vote for each office.

Section E.
In the event the office of treasurer becomes vacant during the course of the year, the vacancy will be filled by presidential appointment subject to approval of the Faculty Executive Council.

Section F.
If the office of president-elect becomes vacant a special election must be held no later than forty-five (45) days after the vacancy occurs. A nominating committee, composed of one (1) Faculty Executive Council member from each participating college and community college center, will nominate a minimum of two (2) candidates for the office. Other nominations may be made from the floor at the time of the election.

ARTICLE XI. RECALL

Section A.
Any committee appointee may be removed by a two-thirds (2/3) vote of the entire membership of the Executive Committee.

Section B.
Any elected officer of the Faculty Executive Council may be removed from office by a two-thirds (2/3) vote of the Faculty Executive Council present and voting.

ARTICLE XII. STIPENDS

If not otherwise compensated, the president will receive a stipend equivalent to fifteen hours of contract monies during the official summer school calendar.

ARTICLE XIII. AMENDMENTS

This constitution may be amended by a two-thirds (2/3) vote of the Faculty Executive Council membership at any regular or special meeting, providing the proposed amendment will have been presented in writing to each member of the Faculty Executive Council at least one week preceding the voting.

ARTICLE XIV. EXCEPTIONS TO CONSTITUTIONAL PROVISIONS

The provisions specified in this Constitution, under conditions of extreme urgency, may be set aside temporarily (for a specified duration) by a three-fourths vote of the Faculty Executive Council, or by the unanimous vote of the Executive Committee. If the value of the exception becomes apparent, a constitutional amendment should be entertained in the provided manner, or the established procedure should be restored to practice.

APPENDIX A. CODE OF RESPONSIBILITY

Members of the Faculty Executive Council, like all faculty members, have a responsibility to maintain standards of personal integrity and of professionalism in teaching and scholarship. Members of the Faculty Executive Council also assume additional responsibilities for representation of the interests of their campus constituencies as well as for the interests and values of the District faculty, as a whole. Indeed, Council representatives are concurrently representatives of their campus faculties and officers of the MCCD Faculty Association with responsibility to safeguard the welfare and effectiveness of the Association.

Respect for and adherence to the policies and procedures of the MCCD Faculty Association, as the organizational representative of the District faculty, is essential to the effective balancing of the multiple responsibilities assumed by each Council representative. Conflicts of interests and ideas are inevitable in an enterprise as complex as this one, but such conflict does not diminish the expectation that Faculty Executive Council representatives will meet their responsibilities with full regard for the professional, collegial, and democratic values to which the Faculty Association is committed.

APPENDIX B. ACADEMIC RESPONSIBILITY OF FACULTY SENATES

In accordance with national standards articulated by the American Association of University Professors, the Association of Governing Boards of Universities and Colleges, and the American Council on Education in the 1966 Joint Statement on Government of Colleges and Universities, the faculty of an institution has the primary responsibility for determination of academic policy and for assurance of the quality of academic programs. In keeping with this principle, the MCCD Faculty Association may receive requests for support and assistance from faculty senates of the District colleges or community college centers and, if deemed appropriate, shall respond to them. Such responsiveness to requests for support and assistance is inherent in the mission of the Faculty Association.

Also in keeping with the principles of the 1966 Joint Statement, the Faculty Association shall not intervene in matters pertaining to the internal academic policies of any District college or community college center if such intervention is in conflict with the expressed recommendations of the faculty senate of that institution. Such disregard for the primacy of institutional faculty responsibility for matters of academic policy would contradict nationally respected standards of faculty governance to which the MCCD Faculty Association is committed.

Nothing in this policy shall be construed to limit the right of the District Faculty Association to grieve or to take any other action it deems necessary in response to an alleged violation of the Residential Faculty Policies by any party at any location. Moreover, nothing in this policy shall be construed to limit the rights of faculty members to appeal or grieve through procedures defined in the Residential Faculty Policies.

MCCD Faculty Association
2411 W. 14th Street Tempe, AZ 85281-6941
Phone: 480-731-8113
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