EA Drafts: Employee Assembly Charter (February 18, 2009 Draft)

CHARTER OF THE CORNELL UNIVERSITY
EMPLOYEE ASSEMBLY

Wednesday, 18 February 2009 Draft

Preamble

In response to a vote of the Cornell community and as requested by the President, this document sets down rules and regulations requisite for establishing an Employee Assembly, to be peopled by employees and to be concerned with those matters directly affecting employees of Cornell University. Furthermore, this body will interact with and discuss issues of common interest with the Student Assembly and the Faculty Senate.

The purpose of the Employee Assembly is to ensure a direct focus for the continued involvement of exempt and non-exempt staff members in the governance of non-academic affairs and in the life of the University. The Employee Assembly will bring about a higher visibility for employees as community members, more equal participation with faculty and students in the policy-making process, and an increased sense of community among all constituencies through shared responsibilities.

The Employee Assembly will actively seek to involve all segments of Cornell’s diverse employee population in the Assembly’s decision-making activities. Particular effort will be made to ensure that women and minority persons have equal access to Employee Assembly positions.

ARTICLE 1 Establishment

Pursuant to the authority delegated by the Board of Trustees, the President hereby establishes the Employee Assembly. Articles 1 through 7 of this document constitute the Charter of the Employee Assembly.

1.1 Employee Defined

For the purposes of this charter, employees are any regular full-time and part-time staff members in non-exempt, exempt, or academic non-professorial staff categories who are employed at the Ithaca or Geneva campuses of the university.

1.2 Session Defined

A session of the assembly shall be from June 1 until May 31 of the following calendar year.

ARTICLE 2 Authority and Responsibility

The Employee Assembly, hereinafter referred to as the assembly, explores opportunities to enhance the role, function and contribution of employees to the well being of the University. The assembly:

2.1 University policies affecting employees

examines University policies affecting employees of the University and recommends changes to the President;

2.2 Information exchange

facilitates communication between employees and the President of the university;

2.3 Establishing committees

establishes standing and ad hoc committeesas needed;

2.4 Committee membership selection

selects employee members for standing and ad hoc committees of other representative bodies and units when directed to do so by those groups;

2.5 Conduct public hearing

conducts public hearings and forums concerning topics of current employee interest and identifies in other appropriate ways employee needs and opinions;

2.6 Internal maintenance

controls its own operations and maintenance, including bylaws, procedures and amendments;

2.7 Interface with the University Assembly

interacts with the University Assembly in accordance with the rules of that assembly;

2.8 Interface with the Student Assembly, Graduate and Professional Student Assembly, and Faculty Senate

interacts with the constituent assemblies, including:

• Student Assembly,
• Graduate and Professional Student Assembly (GPSA), and
• Faculty Senate.

2.9 Representation exclusions

may not represent any interested party, including either the University or its employees, in matters concerning grievances, labor disputes, wages, rates of pay, hours of employment, or terms and conditions of employment, and may not investigate the merits of individual grievances.

ARTICLE 3 Membership

3.1 Eligibility

Except in the case of an incidental vacancy, members of the assembly must also be members of the constituency associated with their respective seats. Changes of status with the university shall not alter the status of a member as long as that member remains an employee of the university.

A voting member of the assembly may not serve concurrently as a trustee of the university.

3.2 Seat allocation

The assembly consists of thirteen employees, of whom six represent endowed units, six represent statutory units, and one represents the New York State Agricultural Experiment Station at Geneva, hereafter referred to as the Geneva campus.

Within the endowed and statutory units, two members represent exempt employees, three members represent non-exempt employees, and one at-large member represents all job classifications.

3.3 Ex-officio members

The following serve as members of the assembly ex-officio without vote:

1. the Employee Elected Trustee,
2. the Editor of PawPrint,
3. and a representative of the Division of Human Resources appointed by the Vice President for Human Resources.

3.4 University Assembly

The assembly appoints five employees, of whom at least two are also members of the assembly, to serve on the University Assembly before May 1.

3.5 Vacancies

3.5.1 Vacancy Defined

A regular vacancy occurs when the term of a member expires, and may be filled by election.

An incidental vacancy occurs when:

1. a seat remains vacant after a regular election;
2. a member resigns or is otherwise removed from membership; or,
3. a member ceases to be eligible for membership.

An incidental vacancy shall be filled by automatic appointment of unseated candidates from the most recent election according to the order of succession provided in this article. Should no eligible candidates remain from the most recent election such vacancies may be filled by appointment

3.5.2 Filling Regular Vacancies by Elections

The Elections Committee conducts elections according to the following process:

1. The assembly reviews and approves election rules, procedures, and a publicity plan for elections in the semester prior to the elections.
2. Candidates may run only for the seats that match the constituencies of which they are part.
3. All employees may vote for all candidates.
4. To mitigate potential conflicts of interest, the Elections Committee resolves any disputes raised regarding election rules without review by the assembly.
5. Elections must be completed and results tabulated no later than the last day of April.

3.5.3 Filling Incidental Vacancies by Automatic Appointment of Candidates from Most Recent Election

Should an incidental vacancy occur for any seat, the assembly seats the highest-ranked, unseated candidate from the most recent election for:

1. the same seat;
2. any at-large seat, should no more eligible candidates remain and the seat be an at-large seat;
3. any exempt seat, should no more eligible candidates remain and the seat be an exempt seat or an at-large seat;
4. any non-exempt seat, should no more eligible candidates remain and the seat be a non-exempt or an at-large seat;
5. any endowed seat, should no more eligible candidates remain and the seat be an endowed seat;
6. any statutory seat, should no more eligible candidates remain and the seat be a statutory seat; and,
7. any Ithaca-based seat, should no more eligible candidates remain and the seat be an Ithaca-based seat.

3.5.4 Filling Incidental Vacancies by Appointment

Should an incidental vacancy occur and no eligible candidates remain to be seated from the previous election, the assembly may fill the vacancy by appointment by the following process:

1. The assembly solicits interest from the employee community within two weeks of the vacancy’s occurrence. The solicitation proceeds for no less than one month, and continues until it is closed by the assembly.
2. At the next meeting after solicitation has been closed, the Vice Chair for Internal Operations presents a slate of eligible candidates to the assembly for a vote by the same procedure as for the election of officers. If no candidate is eligible to fill a vacancy, the assembly may proceed through:
   1. any exempt candidate, should no candidates remain and the seat be exempt an exempt seat;
   2. any non-exempt candidate, should no candidates remain and the seat be a non-exempt seat;
   3. any endowed candidate, should no candidates remain and the seat be an endowed seat;
   4. any statutory candidate, should no candidates remain and the seat be a statutory seat; and,
   5. any candidate employed on the Ithaca campus, should no candidates remain unless the seat is the Geneva campus seat.
3. To conduct the election the chair of the meeting:
   1. allows each candidate to make an opening statement of specified duration;
   2. allows all members present to ask questions of the candidates, including the candidates for the office, for a specified period of time;
   3. closes question and answer period;
   4. moves to a vote by secret ballot; and,
   5. repeats voting as needed until one candidate receives a majority of votes cast, eliminating the candidate receiving the fewest votes in each round of voting.

3.5.5 Terms of Members Who Fill Incidental Vacancies

Members who fill incidental vacancies shall serve the full remainder of the term. 

3.6 Term

The term of membership is two consecutive sessions of the assembly. Terms are staggered such that only half of the members’ terms expire each year.

ARTICLE 4 Officers

The officers of the assembly are:

• Chair,
• Executive Vice Chair,
• Vice Chair for Internal Operations,
• Vice Chair for Finance, and
• the Parliamentarian.

The assembly elects officers by secret ballot from among its members. Officers may not serve more than two consecutive terms.

4.1 Term

The term of office is concurrent with a session of the assembly.

4.2 Election

As soon as possible after the conclusion of elections and no later than the last day of May, the Vice Chair for Internal Operations convenes an organizational meeting in closed session to conduct officer elections in which only those who will be seated members of the assembly in June participate.

The Vice Chair for Internal Operations, unless seeking the position of Chair, leads the meeting until the new Chair is elected. The newly elected Chair presides over the remainder of the meeting.

The officer elections occur in the following order: Chair, Executive Vice Chair, Vice Chair for Internal Operations, Vice Chair for Finance, and Parliamentarian. For each office, the chair presiding over the meeting:

1. entertains nominations of members for the position to be filled;
2. closes nominations;
3. allows each candidate to make an opening statement of specified duration;
4. allows all members present to ask questions of the candidates, including the candidates for the office, for a specified period of time;
5. closes question and answer period;
6. moves to a vote by secret ballot; and,
7. repeats voting as needed until one candidate receives a majority of votes cast and eliminates the candidate receiving the fewest votes in each round of voting.

4.3 Responsibilities

4.3.1 General responsibilities

Each officer serves as a voting member of the Executive Board and attends all of its meetings.

4.3.2 Chair responsibilities

The Chair:

• assures the smooth and effective operation and maintenance of the {+assembly;
• presides over meetings of the EA;
• delegates responsibilities to ensure the accomplishment of the duties of the office and the goals set forth in the this Charter and associated Bylaws;

• conducts, in conjunction with the Vice Chair for Internal Operations, an orientation meeting with all the chairs of the assembly’s standing and ad hoc committees at the beginning of each election year;

• appoints chairs for each of the assembly’s committees;

• transmits notice of the actions and recommendations of the assembly;
• reports periodically to the assembly on the disposition or current status of its actions and recommendations; and,
• serves as spokesperson of the assembly, corresponds with the President of the University, enumerating actions taken by the assembly, and submits an annual year-end report to the University President.

4.3.3 Executive Vice Chair responsibilities

The Executive Vice Chair:

• assists the Chair ;
• chairs the meetings of the Executive Committee and distributes the agenda and meeting materials for regular and special meetings of the assembly;
• reviews minutes prepared by the Office of the Assemblies and distributes drafts to assembly members;

• notifies individuals and units directly affected by pending business of the assembly or its committees;

• serves as Chair of the Communications Committee;
• serves on the PawPrint Editorial Board;

• arranges for advertising, postering, email campaigns and EA outreach programs; and,

• presides in the absence of the Chair.

4.3.4 Vice Chair for Internal Operations

The Vice Chair for Internal Operations:

• chairs the Internal Operations Committee;
• monitors and supervises the operations of the assembly’s committees and the assembly’s appointees to other committees;

• advises committee chairs on issues of process and directs inquiries as needed;

• conducts, in collaboration with the Chair, an orientation meeting at the beginning of each election year, with the Chairs of each of the assembly’s standing and ad hoc committees; and,

• presides in the absence of the Chair or Executive Vice Chair.

4.3.5 Vice Chair for Finance responsibilities

The Vice Chair for Finance:

• oversees and tracks the finances of the assembly with the assistance of the Office of Assemblies;

• monitors financial statements and authorizes expenditures in consultation with the other officers of the assembly;
• reports periodically to the assembly the status of the funds;
• prepares a yearly expenditure report outlining the use of funds for the past fiscal year; and,
• prepares the annual fund request and budget preparation, creating budget reports as necessary for the Vice President of University Communications.

4.3.6 Parliamentarian

The Parliamentarian :

• assures that meetings follow procedures found within this Charter and the Bylaws of the EA and rules on questions and disputes related to interpretation of those rules.

4.4 Executive Board

The Executive Board consists of the officers of the assembly. The Executive Board:

1. formulates and approves an agenda for each meeting of the assembly;
2. formulates, in consultation with the chairs of the assembly’s committees, a budget of expenses for the assembly and presents this budget to the assembly for approval no later than September 15; and,
3. prepares an annual report to the President of the university containing:
   1. a summary and description of each action taken by the assembly, and
   2. any unfinished our outstanding items remaining for the assembly.

4.5 Removal

The assembly may remove any office by an affirmative vote of two-thirds of seated members. The assembly then immediately elects a new officer to serve the remainder of the term.

ARTICLE 5 Procedures

5.1 Protections

The EA and its committees shall respect and protect the rights of individuals. When a subject under discussion or examination requires the use of confidential information, all reasonable efforts shall be made to safeguard the confidentiality of this information.

5.2 Regular meetings

Regular meetings of the assembly are on the first and third Wednesdays of the month from 12:15 - 1:30 p.m. The assembly may adopt a different schedule of regular meetings by majority vote.

5.3 Special meetings

The Chair may call special meetings to consider matters demanding immediate attention, or such meetings shall be called when requested by one-fourth of the seated members of the assembly.

5.4 Quorum

A quorum of members required for the assembly to do business is a majority of the seated members of the assembly.

5.5 Proxy vote

The chair of the assembly may count any proxy vote that is received be for the question to which it pertains is called. Votes submitted by proxy do not count towards quorum.

5.6 Executive session

The assembly may go into executive session to discuss confidential matters by majority vote of those members who are present.

5.7 Minutes

The Office of the Assemblies prepares minutes of each meeting, and makes them available to the university community after approval by the assembly.

5.8 Annual report

The assembly reviews and approves the annual report prepared by the Executive Board. After it is approved, the Chair presents the report to the President of the university and makes it available to the university community.

5.9 Robert’s Rules of Order

Robert’s Rules of Order (latest edition) shall be the basis for determining procedures for debate and general conduct of business not covered in this document.

ARTICLE 6 Committees

The EA may establish standing or ad hoc committees as appropriate.

6.1 Membership

The Internal Operations Committee may appoint or remove members from committees as needed. The Chair of the assembly may appoint or remove chairs for each of the assembly’s committees.

Except where otherwise indicated, any employee is eligible to serve on any committee of the assembly and the term of membership on committees is concurrent with the session of the assembly.

6.2 Internal Operations Committee

The Internal Operations Committee staffs and monitors the committees of the assembly as well as committees partially staffed by the assembly. The Vice Chair for Internal Operations serves as chair of the committee. The chairs of the standing committees of the assembly serve as voting members. The Chair and Executive Vice Chair of the assembly serve ex-officio as non-voting members of the committee.

The committee:

appoints employees to and removes employees from membership in the University Assembly;

and Parliamentarian of the EA, and conduct elections.

appoints and removes employee members for standing or ad hoc committees of the assembly as requested;

solicits applicants from the employee community and appoints employee representatives to ad hoc or standing committees of the university as needed;

solicits from the employee community names of individuals to fill one at-large seat for the editorial board of the PawPrint;

develops a training program for all members of the assembly’s committees and for all new members of the assembly; and,

solicits, at the end of the year, the opinions of all the Chairs (or co-Chairs) of all of its committees for the names of those committee members who may wish to continue on the committee and who have demonstrated effective, committed, and responsible membership during the past year.

6.2 Elections Committee

The Elections Committee consists of all members of the EA whose terms continue beyond the current session of the assembly. The committee:

1. reviews assembly election rules and procedures and recommend changes as needed;
2. applies election rules and procedures approved by the EA; and,
3. plans and supports, in collaboration with the Communications Committee, efforts to solicit interest in vacant positions in the assembly.

6.3 Communications Committee

The Communications Committee consists of the following voting members:

1. the Executive Vice Chair of the assembly, who serves as chair of the committee;
2. one other voting member of the assembly; and,
3. two or more employees who are not members of the assembly.

A representative of the Office of Human Resources serves as a non-voting member of the committee.

The committee:

5. publicizes the activities of the assembly and its committees, including the agendas of meetings, actions taken, and events organized by the assembly through all available and appropriate media; and,
6. supports and facilitates activities which raise awareness in the employee community of the assembly’s role and function.

6.4 Personnel Policy Committee

The Personnel Policy Committee consists of three members of the assembly. The committee:

1. reviews and recommends changes to, in collaboration with the Office of Human Resources, personnel policies and other policies affecting the work environment of the university;
2. solicits from employees and University departments opinions, information, and advice relevant to issues before the committee;
3. recommends changes to the policies it reviews; and,
4. provides regular reports concerning its activities to the assembly.

6.5 Employee Education Committee

The Employee Education Committee consists of the following voting members:

1. two members of the assembly; and,
2. five employees who are not members of the assembly.

The following serve as non-voting members of the committee:

1. one representative of Benefit Services;
2. one representative of Organizational Development Services; and,
3. one representative of the School of Continuing Education and Summer Sessions.

The committee:

3. reviews programs and proposals affecting employee education, including work-related and elective educational activities, and recommends changes;
4. identifies employee education needs; and,
5. recommends actions the university may undertake to address employee education needs.

6.6 Grants Committee

The Grants Committee consists of the following voting members:

1. two members of the assembly, one of whom serves as chair;
2. four employees who are not members of the assembly;
3. one faculty representative, appointed by the Faculty Senate;
4. one retired employee appointed by the Cornell Retirees Association; and,
5. one emeritus faculty member appointed by the Cornell Association of Professors Emeriti.

The following serve as non-voting members:

1. the director of the Employee Assistance Program or a designee; and,
2. the director of the Office of the Assemblies or a designee.

For each of the assembly’s grant funds, the committee:

1. decides the disposition of each grant application according to procedures adopted by the assembly;
2. approves and coordinates efforts to publicize and obtain contributions for the fund; and,
3. reports at least once per semester to the assembly on its activities and any recommended changes to its procedures.

6.7 University Benefits Committee

The University Benefits Committee is chartered jointly by the Employee Assembly and the Faculty Senate, and the committee’s charter is appended to the assembly’s charter.

6.8 Staff Recognition and Awards Committee

The Staff Recognition and Awards Committee consists of the following voting members:

• two members of the assembly,
• three employees who are not members of the assembly.

The Vice President of Human Resources may designate one non-voting member to represent the Office of Human Resources.

The committee:

1. identifies and examines opportunities for staff recognition by the assembly;
2. reviews nominations and approves staff recognition awards according to rules adopted by the assembly;
3. coordinates staff recognition activities sponsored by the assembly; and,
4. reviews the assembly’s staff recognition programs and recommends changes for the assembly to adopt.

ARTICLE 7 Amendment

The assembly may amend this Charter by an affirmative vote of two-thirds of the seated members. The assembly may not approve proposed amendments on the same date that they are proposed or modified. Amendments are subject to approval by the President of the University.

:: :: ::

Charter of the University Benefits Committee

December 7, 1995; revised, October 15, 1996; second revision, March 12, 1997; third revision, March 1998

Actions Taken

Staff

The Employee Assembly voted on December 6, 1995 to adopt the following as the charter of the University Benefits Committee.

Faculty

The Executive Committee of the Faculty Council of Representatives, succeeded by The Faculty Senate in January, 1996, adopted the following as the Charter of the University Benefits Committee.

Mission

The Mission of the University Benefits Committee is to act as the voice of Employees on all matters elating to Benefits.

Scope

The Committee will deal with the entire range of benefits. The complete list of Benefits includes social security, group life insurance, accidental death and dismemberment insurance, retirement-related benefits, short-and long-term disability, select (health) benefits, workers’ compensation, unemployment insurance, holidays, military training leave, jury duty, training programs, extramural educational programs, employee assistance program (personal, job related problems), group auto insurance, health insurance and services, dental insurance, vacations, Cornell Children’s Tuition Plan, Employee tuition aid, employee degree program.

The committee will deal with both Endowed and Statutory Benefits.

Goals

The Committee will have four major goals:

1. As stated above, the committee will be the voice of employees on all matters relating to benefits;
2. the committee may propose changes in benefits policies, arrangements, and modis operandi that will be forwarded to the Employee Assembly and the faculty for further action by the University Administration;
3. the committee will react to issues and proposals raised by the same parties; and
4. the Committee will take both a short-run and long-run view of benefits issues.
5. While retaining its right to comment on and make suggestions regarding modis operandi the Committee will not seek to “micro-manage” benefits.

Membership

A. The Population Represented: This committee will represent ALL Employees. Both Faculty and Staff.

B. Composition of the Committee:

Affiliation	Number	Selected by:
Faculty Appointments
Retired	1	Emeritus Professor’s Association
Endowed	1	Faculty Senate
Statutory	1	Faculty Senate
At-Large	2	Faculty Senate
Staff Appointments
Retired	1	Cornell Retiree Association
Union Representative	1	The Unions
Endowed	1	Employees Assembly
Statutory	1	Employee Assembly
At Large	1	Employees Assembly
Administration ex officio, non-voting
ex officio	1	Senior Vice President & Chief Financial Officer
ex officio	1	VP Academic Programs, Planning, Budget OR Director, Statutory Financial and Business Services
ex officio	1	Dean of the Faculty
ex officio	1	Director, University Human Resource Services OR Manager, Benefits

C. Terms

Members will be elected to 3-year terms.

D. Officers, Meetings, Subcommittees

1. Chair and Vice Chair, or Co-Chairs, elected by voting members in the November Meeting for 1-year terms.
2. Secretary: The Committee will have no “permanent” secretary. Instead, members will take turns in taking minutes of meetings.
   • Before submitting final “minutes”, the secretary will have his/her draft reviewed by two committee members.
3. Meetings: Normally, once a month. More often, as required.
4. Ad Hoc Committees: The committee chair may appoint Ad Hoc Committees, as needed, to undertake specialized in investigations and to report back information and recommendations to the parent committee. Each ad hoc committee will have at least one member from the parent committee. Outsiders with relevant experience will be appointed as needed.
5. Relationship to University Human Resources (UHRS)
   1. The Committee will act as a Sounding Board for UHRS on issues and proposals relating to Benefits. Similarly, UHRS will react to initiatives of the Committee.
   2. As appropriate, UHRS staff members will meet with the Committee to share their expertise, information, analyses, research.
   3. UHRS will alert the Committee as early as possible as to crises (rising health costs, etc.) and incipient developments so that the Committee can respond. In the case of changes in health benefits, the Committee should be consulted at the very beginning of developments, e.g., at the beginning/during summer.

Reporting

1. The committee will report regularly to the faculty senate and employee assembly.
   1. Committee members will each report to the group that he/she represents.
2. Periodically:
   1. As appropriate, the committee will prepare a Report to Cornell newsletter (of some such title) to be distributed through campus mail to each faculty member and staff member.
   2. As appropriate, the committee will utilize the Cornell Chronicle, Cornell Work Place, Cornell Daily Sun and Networking (PawPrint) to report on its activities.

Attendance Policy

The goal is active, interested, informed participation. Members missing more than three consecutive meetings will become non-members and the group they represent will be asked to appoint a replacement.

Amendments

The initial Charter of the Committee did not specify how the Committee might modify its Charter or Operating Rules. Nonetheless, the following actions were taken by the committee:

July 18, 1996

Quorum

To take official actions, a Quorum of Six Voting Members must be present.

Terms

Future Terms will be Three Years.

The committee voted to have a Rotating Membership such that about one-third of members would be new each year while two-thirds would be continuing. To effectuate this, the committee conducted a random drawing whose results are recorded in the minutes of July 18, 1996.

March 11, 1997

Quorum

If only 8 positions are currently filled, quorum will consist of Five voting members.

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