MSUASC Operating Agreement.pdf

Montana State University All Staff Council

Operating Agreement

 

ARTICLE I: Organization

Section 1: Structure
MSUASC shall consist of thirty-three council members plus the Program Coordinator (ex officio, non-voting), governed by the Executive Board.


A. Executive Board
     The Executive Board of MSUASC shall be comprised of five voting council members consisting of the Chair, Chair             Elect, Past Chair, Governance Committee Chair, and Member-at-Large and three non-voting council members                   consisting of the chairs of the Professional Development Committee and Special Events & Recognition Committee           and the Program Coordinator. The Executive Board duties shall consist of coordinating the efforts of all committees;       providing general oversight for the membership; forming ad hoc committees as needed; budget review and                       approval; responding to issues or recommendations brought before it by the President, senior administrators,                 committees, or council members.

     The Executive Board shall meet prior to the next monthly meeting to discuss issues and concerns that were brought       up at the previous meeting and to decide on the next month’s agenda. The Chair shall have the right to cancel this           meeting if they decide it is not necessary further noting the Chair shall work with the Program Coordinator to create       an agenda for the next monthly meeting if the Executive Board meeting is cancelled. Non-voting members may                 attend this monthly meeting but are not required to attend.


     i. Chair
        The Chair is the presiding officer over MSUASC and the primary representative of all staff at Montana State                        University, embodying the ideals of competence, reliability, honesty, and excellence. The Chair’s duties include                  presiding over all meetings and representing MSUASC at various collegiate and community functions, including                Board of Regents (BOR) meetings. If the Chair is unable to attend a function or meeting, they may send the Chair              Elect or, if the Chair Elect is not available to attend, the Past Chair may attend on behalf of the Chair or a member            of the Executive Board. The Chair is also responsible for working with the Committee Chairs and Program                          Coordinator to create the annual budget. The Chair shall also participate as the representative of all staff on the              following councils:
        1. President’s Executive Council (PEC);
        2. University Council; and
        3. Association of Shared Governance Leaders (ASGL).


    ii. Chair Elect
         The purpose of the position of the Chair Elect is to prepare an individual to become the next Chair. The position of           Chair Elect requires a three-year commitment to MSUASC (one year as the Chair Elect, one year as the Chair, and              one year serving as the Past Chair). If the Chair cannot attend a meeting, the Chair Elect shall fill in for them. The             Chair Elect shall shadow the Chair and learn the duties of the Chair in order to be equipped to become the sitting             Chair when the current Chair’s term expires. The Chair Elect shall attend a minimum of two meetings on each of               the councils the Chair sits on, preferably one in the fall and one in the spring.


        The Chair Elect shall serve as the MSUASC representative on the Montana University System Staff Association                    (MUSSA).


   iii. Past Chair
         The Past Chair shall act as an advisor to the Chair and MSUASC membership and is a voting member of the                       Executive Board. The Past Chair shall serve on the Executive Board for one-year post chairmanship. The person               elected as Past Chair will serve in the position of Past Chair for one year. This will be the end of their term on the             council. The Past Chair may attend any meeting or function on behalf of the Chair or Chair Elect as requested. The           Past Chair shall serve as the Pure Gold Reviewer.


   iv. Member-at-Large
        The Member-at-Large shall be responsible for ensuring all meetings are conducted in accordance with Robert’s                Rules of Order. The Member-at-Large shall be required to become an expert in parliamentary procedure and shall          work with the Governance Committee as needed. The Member-at-Large shall serve as the MSUASC representative          on the Diversity & Inclusion Council.


   v. Program Coordinator
       The Program Coordinator is a university employee who is assigned to provide administrative support to the Council         which includes: preparing agendas, minutes, and correspondences; assisting the Chair with preparing the annual             budget; managing the budget; maintaining and updating the webpage; ordering supplies; and keeping records                 current and up-to-date, including all agendas, minutes, elections, annual reports, and correspondences. The                     Program Coordinator, or a designee, shall attend all meetings to take minutes. The Program Coordinator shall also         assist the committee chairs in complying with university processes and fulfilling their respective responsibilities.               The Program Coordinator shall also offer administrative assistance to MUSSA every other year in conjunction with           the Program Coordinator at the University of Montana. The Program Coordinator is the Election Commissioner for           annual elections. The program coordinator will schedule quarterly updates from the Inter-Unit Benefits Committee         (IUBC) representative or Montana State University Chief Human Resource Officer (MSUCHRO). The Program                       Coordinator is a non-voting member of MSUASC and the Executive Board and is ineligible to serve as an elected,               voting MSUASC council member.


  vi. Committee Chairs
        The chairs of the Professional Development Committee and Special Events & Recognition Committee shall be                    appointed by the Governance Committee through an appointment process post-election. Each chair shall preside            over their committee and shall report to the Executive Board.


B. Staff Council Membership and Terms
     i. Membership
        MSUASC shall consist of thirty-three elected council members. To be eligible to serve on MSUASC, an individual                must be an MSU non-teaching employee who has completed their probationary period and is employed at an FTE            of 0.5 or higher. Fixed-term, temporary, and student employees are not eligible to serve. Supervisor approval will            be required for elected individuals to serve on MSUASC. It is expressly noted that any time spent to attend or                    complete MSUASC business is counted as work hours and must be reported.


        All terms shall be two-year terms and each council member may serve no more than two terms. When a council              member terms out, they may be nominated and elected to serve again after a one-year break in service.                            (exception see Article III Section 4)


        Terms for the inaugural year election and appointments are hereby incorporated and attached as Addendum B to          this Operating Agreement.


C. MSUASC Committees
     MSUASC shall have the right to add new committees through a simple majority vote of the council or through direct       approval by the President.


     i. Governance Committee
        The Governance Committee aids the governance structure of MSUASC by developing and maintaining the polices            and Operating Agreement by which MSUASC functions. This committee shall conduct the annual elections as well            as administer amendments to the Operating Agreement or proposed policies. This committee shall be comprised            of an elected chair and two appointed council members. This committee will meet as needed.
        Areas the Governance Committee oversees shall include:
            • name, mission, and vision;
            • goals;
            • code of conduct;
            • rules for public meetings;
            • shared governance structure;
            • elections;
            • amendments to the Constitution and Operating Agreement;
            • internal committee duties;
            • current and proposed policies; and
            • all other duties & responsibilities as assigned by the Executive Board.

    ii. Professional Development Committee
        Working with the Professional Development & Training unit of University Human Resources, the Professional                    Development Committee shall be tasked with bringing professional development opportunities to campus that will          benefit all staff. Members of this committee shall also be tasked with assisting, promoting, and encouraging                      professional development opportunities sponsored by University Human Resources. This committee shall be                    comprised of a chair and two council members appointed through the Governance Committee.


   iii. Special Events & Recognition Committee
        The MSUASC Special Events & Recognition Committee shall develop and implement plans for special events on                campus and create awareness of community service opportunities available for staff. This committee shall                        propose a schedule of events for the year.

        The Special Events & Recognition Committee shall also be tasked with ensuring all staff at MSU are welcomed and            valued members of the MSU community by recognizing excellence through a variety of programs promoting and            acknowledging the hardworking staff at MSU. This committee shall be responsible for the creating & distributing of          new employee welcome kits.


        This committee shall be comprised of a chair and two council members appointed through the Governance                      Committee.


   iv. External Committee Positions
        The Governance Committee will receive nominations and recommend appointments of a MSUASC representative            to any committee requiring MSUASC representation. MSUASC currently has representation on the following                      external committees:
            • Americans with Disabilities Act Facilities Advisory Committee*
            • Budget Council
            • Campus Sustainability Advisory Council (CSAC)*
            • Classroom Committee
            • Research Council
            • Outreach and Engagement Council
            • Parking Appeals*
            • Transportation Advisory Committee (TAC)*
            • Personnel Board
            • Planning Council
            • President’s Commission on the Status of University Women (PCSUW)*
            • Recreational Sports & Fitness Advisory Board
            • Space Management*
            • University Facilities Planning Board (UFPB)*
            • Public Arts and Artifacts Committee (PAAC)*
            • MUSSA (in addition to the Chair Elect)

            (*designates committees whose appointments require approval from the President)


        The MUSSA representative is preferably a general member. If a general member is not interested in the position,              the Chair may appoint an MSUASC member as the MUSSA representative.


        MSUASC council members shall be expected to vote in alignment with MSUASC philosophy and core values and,              whenever possible, present issues up for vote to MSUASC before issuing their vote.


        Each council member is responsible to provide a monthly written report for their assigned committee, unless                    there is nothing to report. Written reports are to be sent to the Program Coordinator within 48 hours of the                      monthly meeting.


        For any member serving on a committee that is unresponsive (defined as no returned contact within 90 days from          the Committee Chair) the member can petition MSUASC to be removed from that committee. The member must              provide supporting documentation.


        For any inactive committees, MSUASC can choose to withdraw participation except for the committees that require          presidential approval. A simple majority vote is required to remove any inactive committees.


        For the inaugural year only, the appointment of external committee positions shall be conducted in accordance                with the MSUASC Inaugural Year Procedures, attached as ‘Addendum B’ to this Operating Agreement.


Article II: Meetings
Section 1: Date & Time
MSUASC shall hold a public meeting once each month on the 3rd Wednesday from 9 – 11 a.m. The Chair shall preside over each meeting. The Member-at-Large shall ensure Robert’s Rules of Order are adhered to at all meetings. The meeting may be rescheduled at a new date and time with approval from Executive Board.


Section 2: Agendas and Minutes
The Program Coordinator shall work with the Executive Board to create an agenda for each meeting. Said agenda shall be distributed to all council members as well as posted on the website at least 72 hours before each meeting. The Program Coordinator shall take notes at each meeting to use in drafting the minutes. MSUASC council members shall vote whether to approve the previous minutes at each monthly meeting. Once approved, all minutes shall be posted to the MSUASC website as soon as possible.

Section 3: Attendance
MSUASC council members shall be required to attend each monthly MSUASC meeting as well as each of their external committee meetings. If a council member is unable to attend a monthly MSUASC meeting, they shall advise the Program Coordinator via email before the start of the scheduled meeting. If a council member is unable to attend an external committee meeting, they shall be required to find a replacement from MSUASC to attend as their proxy. If an item is up for vote, the MSUASC committee representative shall instruct their proxy regarding any voting items. If a council member has three consecutive unexcused absences, the Executive Board may declare their position vacant. The council member may appeal to the MSUASC at its next regularly scheduled meeting.
If a council member must take an extended leave of absence from MSUASC, they shall advise the Chair of their said leave of absence and whether or not they would like to keep their position on MSUASC. During an extended leave of absence, a position on MSUASC may be held open for up to nine (9) months. After the first three months, and every three months thereafter, the member shall check in with the Chair regarding their leave status and whether or not they would like to remain in their position on MSUASC. It is expressly noted no one is required to provide the reason for a leave of absence but are required to advise the Chair that they are in a leave of absence status and how long they expect to remain on a leave of absence.


Article III: Elections
Section 1: Eligibility
A list of eligible voters shall be created by the Office of Planning & Analysis at the request of the Program Coordinator or Governance Committee Chair. A record of voters shall be maintained by the Program Coordinator. Eligible voters shall include all MSU non-faculty staff who are employed at a 0.5 FTE or higher. Student, temporary, and fixed-term employees are not eligible to vote.


Section 2: Voting Procedures
The Governance Committee shall develop a timeline for each annual election cycle. The Governance Committee, working with the Program Coordinator, shall send an electronic announcement to all eligible employees and publish an announcement in MSU Today, advising campus of any vacancies on MSUASC. Eligible employees shall be asked to nominate either an employee or themselves to serve on MSUASC. Employees shall be provided two weeks (2) to make their nominations. All nominees shall be contacted by the Program Coordinator and/or Governance Committee regarding their willingness to serve. A link to an electronic ballot shall be sent to all eligible voters. Voters shall be provided one week to cast their final vote. In the case of a tie, the voting period will be extended for one additional week (five working days) between the tied candidates. Elections will take place in April/May timeframe. The entire election process shall be completed no later than June 15th of each year.


If the nomination process does not yield an adequate number of candidates for the vacant positions, the Governance Committee shall meet to review the nomination results and plan for filling any candidacy shortage.


The Program Coordinator shall serve as the Election Commissioner, providing the pool of eligible participants and maintaining the voting results for a minimum of one year. The voting results shall be reviewed by the Governance Committee. The election results shall be reported to the Executive Board and then to council members prior to the general posting. The Program Coordinator shall be responsible for contacting all candidates with results prior to the general posting. Elected council members and new officers shall begin their terms on July 1st of each year.


After the conclusion of the annual election, a secondary, internal election shall be conducted in which council members shall be elected into the Chair Elect, Member-at-Large, and Governance Chair positions that are available. All council members may run for said positions. The Chair Elect position is elected annually while the Member-at-Large and Governance Chair are elected every two years. The remaining newly elected council members shall be appointed by the Governance Committee through an appointment process to serve in one of MSUASC’s positions.


The Governance Committee shall oversee the election and appointment processes with the assistance of the Program Coordinator.
      • All MSUASC council members shall be allowed to submit their name to fill any of the seats.
      • Each council member may only serve in one position (i.e. the Parking Appeals representative cannot serve on                     another external committee nor on an internal committee such as the Governance Committee). If circumstances             arise, the Governance Committee and/or the Chair Elect may approve council members serving in more than one             position.
      • The exception to this is the Chair Elect, Chair, and Past Chair who shall serve on several councils, committees, and             task forces representing the office of the Chair of MSUASC.
      • If a council member already serves on a committee as part of their job, they will be asked to choose a different                 committee to represent staff for MSUASC.
      • Members may also volunteer to assist MSUASC internal committees with council projects without violating the one           committee rule.


Section 3: Staff Classification
In order to maintain an inclusive and comprehensive staff organization, MSUASC will hold open elections that are not based upon staff classification or categorization. However, in order to maintain a diverse and representative staff governance body, each EEO category shall have no more than five staff members serving on MSUASC simultaneously. MSUASC will utilize University Human Resource’s EEO categorization of employees to ensure compliance with this policy and the Program Coordinator shall complete a categorization check before each election cycle.


Section 4: Filling Vacant Terms
In the event there is a vacancy, the Governance Committee shall review the ballots from the preceding election to determine the candidates next in line for the vacant position. The term limit for the candidate filling the vacant position will be that of the member leaving. Each candidate shall be contacted, in order of vote totals, then asked to serve on the council. The order shall be individuals with the next highest number of votes, working through the election results. A list of eligible candidates shall be maintained by the Program Coordinator. If a candidate is not found on the list, the position shall remain vacant.


If the Chair resigns, the Executive Board shall choose one of the following actions to fill the vacated position:

      • The current Chair Elect shall move into the role of Chair for the remainder of the current term and then move into           the position of Past Chair upon completion of their term as Chair. A new Chair Elect shall be elected from the                     current MSUASC membership and will move into the role of Chair after completion of their term as Chair Elect.                 The position the new Chair Elect vacates may be filled pursuant to the process outlined above or may remain                   vacant until the next election cycle.
      • The current Chair Elect shall serve as both the Chair Elect and Chair for the remainder of the term and a chair                   from one of the internal committees shall be elected to become a voting member of the Executive Board for the               remainder of the term. Due to the vacancy in the Past Chair position from there being no chair to move into the               position at the end of the term, the current Past Chair, or a previous Past Chair, shall be asked to serve in the role           of Past Chair during the next term. If no Past Chair can be found, a chair from one of the internal committees shall           serve as a voting member of the Executive Board during the period of vacancy.
      • The Past Chair shall serve as Chair for the remainder of the term. A chair from one of the internal committees                   shall be elected to move from a non-voting member to a voting member of the Executive Board. At the end of the           term, MSUASC shall ask the current Past Chair, or a previous Past Chair, to serve in the role of Past Chair for the               new term. If no Past Chair can be found, a chair from one of the internal committees shall serve as a voting                       member of the Executive Board during the period of vacancy.

If the current sitting Chair Elect resigns, MSUASC shall elect a MSUASC council member to serve the remaining term and the newly elected Chair Elect shall be allowed to serve as Chair at the end of the term. The vacancy caused by the new Chair Elect leaving their position may be filled pursuant to the process outlined above or may remain vacant until the next election cycle.


If the Past Chair resigns, the position of Past Chair shall remain vacant until the end of the current term. One of the chairs of the internal committees shall be elected to become a voting member of the Executive Board for the remainder of the term while continuing to serve in their role as a committee chair. The roles and responsibility of the past chair will be assigned by the Executive Board.


If an internal committee chair resigns, a member of said committee shall be elected to serve as chair. The vacancy of a committee member may be filled through the process outlined above or may remain vacant until the next election.


If a council member resigns, the Governance Committee shall review the last election results to determine if there were more election participants than members elected. The non-elected participant receiving the most votes in the last election will be contacted and invited to become the newest council member. If there were no additional participants from the last election, the position will remain vacant until the next election cycle.

Article IV: Voting Procedures
Section 1: Request Requiring Action
All requests requiring action shall be reviewed by the Executive Board to ensure said request is within MSUASC’s scope of authority. If said request is within MSUASC’s authority, it shall be presented to the Council at the next monthly meeting. Council members shall be provided an opportunity to discuss and provide feedback and recommendations. When necessary, the Council shall vote on the action. The Executive Board shall review MSUASC’s recommendations and voting results and issue a final recommendation. All final recommendations must pass by a quorum of the Executive Board voting members.


Section 2: Power of Veto
MSUASC council members shall have the power to veto any final decisions made by the Executive Board by a sixty percent (60%) majority. If the majority vote is reached, said ruling shall go back before the Council for discussion and a two-thirds (2/3) vote shall be required to pass or reverse the Executive Board’s ruling.


Article V: Amendments to the Operating Agreement
This Operating Agreement may be amended by a simple majority vote of the current members of the Montana State University All Staff Council. Any staff member may submit proposed changes to any of these procedures to the Governance Committee. Submissions must be in writing. The Governance Committee shall review submissions and present them to the Executive Board and then the Council at the next monthly meeting. Council members shall be provided an opportunity to discuss the proposed amendments and make recommendations. Any adopted amendments shall be dated and a record kept by the Program Coordinator.


The aforementioned Operating Agreement shall be enacted beginning the 14th day of August 2019.


Operating Agreement amended on 12-16-2020.

 

Addendum A

Addendum B

 

Core values