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

2. 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

3. 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).

4. 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, § 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

5. 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

6. 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

7. 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

8. 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

9. 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 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!