The UCLA CALL

Appendix 4

Voting Rights - Senate Bylaw 55


 

I. Departmental Voting Rights1

A. General Provisions

  1. According to the Standing Orders of the Regents "... the several departments of the University, with the approval of the President, shall determine their own form of administrative organization...." No department shall be organized in a way that would deny to any of its Non-Emeritae/i faculty who are voting members of the Academic Senate, as specified in Standing Order 105.1(a), the right to vote on substantial departmental questions, excepting only certain personnel actions as detailed in Article B of this Bylaw. [See LR 5.67] (Am 4 May 95)
  2. In all matters other than those specified in paragraphs 1 to 5 of Article B of this Bylaw, the right to vote may be delegated to duly elected committees.

B. Designation of Voting Rights

  1. All tenured faculty in a department have the right to vote on all new departmental appointments that confer membership in the Academic Senate. Prior to such a vote, all the Non-Emeritae/i departmental members of the Academic Senate must be afforded an opportunity to make their opinions known to the voters. (Am 4 May 95)
  2. Professors have the right to vote on all cases of promotion to the ranks of Professor, Professor-in-Residence, and Professor of Clinical (X). Professors and Senior Lecturers with Security of Employment (SOE) have the right to vote on all cases of appointment or promotion to the rank of Senior Lecturer (SOE). (Am 5 May 88)
  3. Professors and Associate Professors have the right to vote on all cases of promotion to the ranks of Associate Professor, Associate Professor-in-Residence and Associate Professor of Clinical (X). Professors, Associate Professors, Senior Lecturers (SOE) and Lecturers (SOE) have the right to vote on all cases of appointment to the rank of Lecturer (SOE). (Am 5 May 88)
  4. For voting purposes, all cases that involve the removal of the Acting modifier from the title of a member of the Academic Senate shall be treated as promotions to the rank in question.
  5. All cases of non-reappointments or terminations of Assistant Professors, Assistant Professors-in-Residence, and Assistant Professors of Clinical (X), or Lecturers and Senior Lecturers, shall be voted upon by those faculty eligible to vote on promotions to the ranks of Associate Professor, Associate Professor-in-Residence, Associate Professors of Clinical (X), or appointments to the titles Lecturer (SOE) and Senior Lecturer (SOE), respectively. (Am 5 May 88)
  6. All cases of advancement within any rank that confers membership in the Academic Senate shall be voted upon by those persons entitled to vote on promotion or non-reappointment to the rank in question under the provisions of Paragraphs 2 to 5 of this Article B. (En 4 May 95)
  7. In none of the instances specified in Paragraphs 1 to 5 of this Article B may the right to vote be delegated to a committee. The actual method of voting shall be determined by the eligible voters; subject, however, to the provision that no voter may be denied the option to require a secret ballot. In cases of advancement within rank, the eligible voters for each rank in question shall either follow the same procedures used for promotions and non-reappointment or may, by two-thirds majority vote and subject to the approval of the divisional Committee on Academic Personnel or its equivalent, delegate the authority for such actions to a duly elected committee or other agency, or adopt some other method acceptable to the divisional Committee on Academic Personnel or its equivalent. Any such method or delegation of authority shall remain in effect for at least one calendar year (twelve months). Thereafter, upon the request of any faculty member entitled to a vote on the cases in question under the provisions of paragraph 6 of this Article B, the eligible voters shall reconsider the question of how such cases shall be handled. (Am 4 May 95)
  8. The tenured faculty members of a department shall establish the method by which personnel matters other than those listed in paragraphs 1 to 6 of this Article B are determined. The method adopted must have the approval of the Divisional Committee on Academic Personnel or its equivalent.

C. Extension of Voting Privileges to Non-Emeritae/i Faculty

Voting privileges on personnel matters within any department may be extended to one or more of the classes of non-Emeritae/i Academic Senate members of that department, as a class, who are not otherwise entitled to vote under the provisions of paragraphs 1 to 6 of Article B of this Bylaw, upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw. Any extensions of the voting privilege under this Article C must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privileges to a vote. An extension of voting privileges will be renewed only upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw. (Am 4 May 95)

D. Rights and Privileges of Emeritae/i Faculty (En 4 May 95)

  1. Emeritae/i members of the Academic Senate retain membership in the departments to which they belonged at the time of their retirement. They do not have the right to vote on departmental matters, except as provided in this Article D.
  2. With the exception of personnel actions, Emeritae/i members of the department have the right to receive the same notice of meeting as other Academic Senate members. They have the right of access to materials relevant to those meetings, the privilege of the floor at those meetings, and the right to make their opinions known to the voting members.
  3. Emeritae/i, while recalled to service in a department from which they have retired, regain voting rights on all departmental matters, except personnel matters, during the period of such service. They may be accorded voting privileges on personnel matters only as a class consisting of all recalled Emeritae/i and only as specified in paragraph 4.c of this Article D.
  4. Additional privileges in a department from which they have retired may be extended, either to all Emeritae/i as a class of the whole, or to all Emeritae/i recalled to active service, during the period of such service, as follows:
  1. voting privileges on all non-personnel matters may be extended to all Emeritae/i upon a majority vote by secret ballot of the total Non-Emeritae/i Academic Senate membership of that department.
  2. the privilege of notice of meeting on personnel actions, access to materials, and/or privilege of the floor, may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
  3. voting privileges on personnel matters may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
  1. Any extensions of privilege to Emeritae/i under paragraph 4 of this Article D must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the question of an extension of privilege under the provisions of paragraph 4 of this Article D may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privileges to a vote. An extension of privilege will be renewed only under the procedures specified for the initial extension of voting privileges by paragraph 4 of this Article D.

E. Other Units

In divisions or schools or colleges where the term "department" is not used, this Bylaw refers to those units from which academic appointments and promotions are recommended to administrative officers. (Am 2 Dec 81)

 

II. A Check List for Voting Procedures

  1. Any voting member of the department may insist on secrecy in any ballot.
  2. The vote on all personnel matters shall be by secret ballot. Procedures should be designed so that only the voter shall know how he or she voted. This refers to votes by those groups which make decisions for the department and not necessarily to votes in advisory committees, etc. Nothing in these requirements prevents faculty members from making their own vote public. Even though confidentiality would be reduced, it is permissible to report separately the votes of different categories of voting members of the department (tenure, non-tenure etc.) where such information is considered useful (e.g., to the Council on Academic Personnel or the Administration).
  3. The right to vote includes the right to discuss. A vote on personnel matters shall be taken only after a meeting at which there has been an opportunity for full and informed discussion by those entitled to vote on the issue. In those cases in which delegation of voting rights to a committee is permitted and in which such delegation has taken place, this requirement mandates a meeting of that committee. When mail ballots are utilized they shall not be distributed prior to 
    the meeting.

Statements made or positions taken by individual faculty members in departmental personnel discussions are deemed confidential. (An individual faculty member should be free to reveal his or her own statement or position.) Faculty members should avoid revealing to anyone, whether through inadvertence or by design, all matters expected to be confidential, including the identity of members of confidential review committees, the identity of extramural evaluators and the positions taken by the several extra-departmental reviewing agencies.

  1. The numerical result of the vote must be promptly reported to those who were entitled to vote.
  2. Reports of voting results to Committees and Administrators outside the department shall include information on the number of those who were entitled to vote as well as the number of votes cast for and against and abstentions.
  1. If there are absences or abstentions on procedural grounds (Deans, Committee members, relatives etc.) the number of such instances shall be listed separately.
  2. Where a department has the practice to make a majority decision on personnel matters unanimous in a subsequent vote, the earlier divided vote must be reported as well.
  1. Upon a request by two Senate members in departments with no more than 20 Senate members or three Senate members in departments with more than 20 Senate members, the Chair must schedule and hold a meeting within ten days.
  2. Where voting rights have been delegated to a committee, this delegation must be reconsidered every 3 years.
  3. In voting on appraisals, each voting member shall specify "Favorable," "With Reservations," or "Unfavorable;" and in reporting the vote to reviewing bodies the vote must be recorded in the three aforementioned categories.

* * *

In a memorandum to Department Chairs of 1/23/84, the Committee on Privilege and Tenure included the following statement which pertain to voting procedures:

"... consultation with faculty members on leave is a matter of courtesy - the Senate Bylaws neither prohibit nor mandate such consultation."

 

III. Minimum Voting Constituency2

Action

Rank

Series

Minimum 
Voting 
Constituency

Delegation possible?

Appointment3

to Professor

Regular

Tenured Faculty

no

to Assoc Prof

Regular

Tenured Faculty

no

to Asst Prof

Regular

Tenured Faculty

no

Appointment3

to Professor

In-Res

Tenured Faculty

no

to Assoc Prof

In-Res

Tenured Faculty

no

to Asst Prof

In-Res

Tenured Faculty

no

Appointment3

to Professor

Acting

Tenured Faculty

no

to Assoc Prof

Acting

Tenured Faculty

no

to Asst Prof

Acting

Tenured Faculty

no

Appointment3

to Senior Lect

SOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

no

to Senior Lect

PSOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

no

to Lecturer

SOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

no

to Lecturer

PSOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

no

Appointment3

to Professor

Adjunct

Tenured Faculty

no

to Assoc Prof

Adjunct

Tenured Faculty

no

to Asst Prof

Adjunct

Tenured Faculty

yes

Appointment3

to All Ranks

Visiting

yes

to All Ranks

Clinical

yes

Appraisal

Asst Prof

Regular

Tenured Faculty

no

(4th year)

Asst Prof

In-Res

Tenured Faculty

no

Lecturer 
PSOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

no

For voting purposes, all cases that involve the removal of the Acting Modifier from the title of a member of the Academic Senate shall be treated as promotions to the rank in question - (B4)

Action

Rank

Series

 

Minimum 
Voting 
Constituency

Delegation Possible?

Promotion

to Professor

Regular

Professors

no

to Professor

In-Res

Professors

no

to Professor

from Acting

Professors

no

to Professor

from Adjunct

Professors

no

Promotion

to Assoc Prof

Regular

Tenured Faculty

no

to Assoc Prof

In-Res

Tenured Faculty

no

to Assoc Prof

from Acting

Tenured Faculty

no

to Assoc Prof

from Adjunct

Tenured Faculty

no

Promotion

to Senior Lect

SOE

Professors, 
Sr Lect/SOE

no

to Senior Lect

PSOE

Professors, 
Sr Lect/SOE

no

to Lecturer

SOE

Tenured Faculty, 
Sr Lect/SOE, Lect/SOE

no

Renewal/Appt.

Professor

Acting

Tenured Faculty

yes

Assoc Prof

Acting

Tenured Faculty

yes

Asst Prof

Acting

Tenured Faculty

yes

Asst Prof

Tenured Faculty

yes

Senior Lect

Tenured Faculty, 
Sr Lect/SOE, Lect/SOE

yes

Lecturer PSOE

Tenured Faculty, 
Sr Lect/SOE, Lect/SOE

yes

Non-Renewal/ Terminal Appt.

Asst Prof

Regular

Tenured Faculty

no

Non-Renewal/

Professor4

In- Res

Tenured Faculty

no

Terminal Appt.

Assoc Prof4

In- Res

Tenured Faculty

no

Asst Prof

In- Res

Tenured Faculty

no

Non-Renewal/

Senior Lect

Tenured Faculty, 
Sr Lect/SOE

no

Terminal Appt.

Lecturer PSOE

Tenured Faculty, 
Sr Lect/SOE, Lect/SOE

no

Non-Renewal/

Professor4

Adjunct

Tenured Faculty

no

Terminal Appt.

Assoc Prof4

Adjunct

Tenured Faculty

no

Asst Prof

Adjunct

Tenured Faculty

yes

 

IV. Minimum Voting Determination5

Applicable to all of the following: rank peeloff is permitted, step peeloff is not permitted.

Action

Rank

Series

Minimum
Voting Determination  

Delegation Possible?

Merit Increase

Professor

Regular

Tenured Faculty

yes

Professor

In-Res

Tenured Faculty

yes

Professor

Adjunct

Tenured Faculty

yes

Professor

Acting

Tenured Faculty

yes

Merit Increase

Assoc Prof

Regular

Tenured Faculty

yes

Assoc Prof

In-Res

Tenured Faculty

yes

Assoc Prof

Adjunct

Tenured Faculty

yes

Assoc Prof

Acting

Tenured Faculty

yes

Merit Increase

Assoc Prof

Regular

Tenured Faculty

yes

Asst Prof

In-Res

Tenured Faculty

yes

Asst Prof

Adjunct

Tenured Faculty

yes

Asst Prof

Acting

Tenured Faculty

yes

Merit Increase

Senior Lecturer

SOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

yes

Senior Lecturer

PSOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

yes

Lecturer

SOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

yes

Lecturer

PSOE

Tenured Faculty, Sr Lect/SOE, Lect/SOE

yes

 

V. Synopsis of Emeriti Voting Rights

Rights and privileges of Emeriti as of May 1995

A. Non-Personnel Matters

Emeriti
Class

Attend Meetings

Voting Rights

Extension of Voting Rights Possible

All 
Emeriti

Yes

No

Yes

Recalled Emeriti

Yes

Yes

- -

Non-Recalled Emeriti

Yes

No

Yes

B. Personnel Actions

Emeriti Class

Attend Meetings

Extension of Rights to Attend Meeting Possible

Voting Rights

Extension 
of Voting Rights Possible

All 
Emeriti

No

Yes

No

Yes

Recalled Emeriti

No

Yes

No

Yes

Non-Recalled Emeriti

No

Yes

No

Yes

 

 

1 Title VI - Rights and Authority of Senate Members, #55 - Departmental Voting Rights, approved by the Statewide Assembly on May 4, 1995

2 Voting constituency can be extended to other Senate membership of the Department by a two-thirds vote of the minimum constituency; it cannot be extended beyond Senate membership. [Bylaw 55]

3 New appointments are interpreted to include changes of non-Academic Senate members (in any series save the lecturer series) to positions conferring Academic Senate membership.

4 Appraisal after termination is mandated unless waived in writing by the individual whose position is terminated. (P&T 9/-/83)

5 The group which will decide the method of voting with the approval of CAP and P&T. [Bylaw 55]

 

 

 



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Appendix 5

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directed to the Academic Personnel Office.

Revised 10/13/99

Web page updated 7/22/03