Senate of the Whole vs. Representative Senate SMCCCD District Academic Senate Revised Fall 2016

Definitions Senate of the Whole Representative Senate Who is a Senator? Every faculty member Representatives of areas described in bylaws How are senators chosen? When hired, every faculty member becomes a senator Representatives are elected or chosen by their areas Who votes? Officers and representatives, according to their voting status

Requirements of Academic Senates All Academic Senates are subject to California’s Open Meetings Laws (Bagley-Keene Act of 1967 specifies rules for governing bodies; Brown Act of 1953 specifies rights of citizens to attend open meetings).

Rules of Open Meetings Laws Some key rules are: A meeting is said to have occurred at any time a quorum of the senate is achieved (quorum defined in bylaws) Exceptions: forums or meetings not conducted by Senate, social or public gatherings, or other gatherings provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the senate (Bagley-Keene 2004, §11122.5. Meeting defined; exceptions) Agendas of all meetings must be posted 72 hours in advance All votes must be recorded and published according to who voted (names) and how Minutes of each meeting must be taken, approved, and adopted by the body

Why This Matters to SMCCCD All three college senates, and the district senate, were formed as Senates of the Whole, which means the Open Meetings Acts can be unintentionally violated in the following situations: Elections of officers by electronic ballot or elections of representatives by divisions Violation: All votes must be recorded and published according to who voted and how Any time a significant number of senators (all faculty) convene in advance of a Senate meeting after the agenda has been posted where discussion on Senate business or purview ensues (campus forums or meetings on a current topic in Senate purview) Violation: Agenda to be published 72 hours in advance Violation: Minutes must be taken, approved, and adopted by the body

Additional challenges with Senate of the Whole A senate may wish to make changes to by-laws to reflect changes in committees, new position appointments, and other responses to the continually evolving landscape of California Community Colleges Examples: the creation of the new liaison positions for CTE, Basic Skills, and Legislative information Combining/redefining committee names and charges that may be spelled out in by-laws Challenge: All changes to by-laws must be voted on by the entire senate body, requiring an all-campus informational campaign and vote each time a change is made

What Needs to Happen Whereas, A Senate of the Whole structure can cause challenges in avoiding violation of Open Meetings laws, and Whereas, the process of updating by-laws to reflect changes to the senate can be made more efficient and effective by a local council elected to conduct such business, the DAS recommends that the senates of all three colleges, and of the district, convert from Senates of the Whole to Representative Senates This requires a vote by EACH OF THE THREE COLLEGES OF THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT

What Will Change in becoming Representative Senates? Elections Senate officers will still be elected from the entire faculty, and by the entire faculty, but without violating Open Meetings Act rules Senate representatives will still be elected/appointed/chosen, but without violating Open Meetings Act rules Names of voters in elections, and how they voted, will not require publication Meetings Senate meetings will still be posted 72 hours in advance All minutes will still be taken and approved, but by the elected body Only elected members with voting status will vote at senate meetings All votes in meetings will continue to be recorded and published according to who voted and how

Please Vote! Participatory Governance Depends on it! Contact your local senate members if you have any questions or concerns about this very important vote. The vote will take place in Fall 2016. All faculty will be notified of the vote with the DAS president’s letter prior to Opening Day. Bylaws will be revised and presented as part of the ballot. THANK YOU FOR ACTING IN ORDER TO BETTER FACILITATE FACULTY PARTICIPATORY GOVERNANCE!