Whereas the ultimate authority in the governance of Montana State University-Bozeman is vested in the Board of Regents under the Constitution, and whereas the President, as general agent of the Board, is the chief executive of Montana State University-Bozeman to whom authority is delegated to administer or execute policies approved by the Board, and whereas recommendations for changes in existing policies or other matters are submitted by the University community to the President and, through him, to the Board of Regents, we, the tenured and tenurable faculty [herein identified as the academic faculty] of Montana State University-Bozeman, do hereby establish a Faculty Council as our mechanism to facilitate communication and cooperation between the faculty and the administration in this policy-making process, in order that we may promote the continued improvement of higher education at Montana State University-Bozeman. Further, we do hereby affirm that the interests of an open, equitable, and viable University will best be served by bringing into the policy-making process broad-based and diverse representation, including junior as well as senior academic faculty, academic support faculty, professional and classified employees, administrators, women, minorities, and students.
Subject to the approval of the President and the Board of Regents, and to the right of the academic faculty of the University to review or appeal its decisions, Faculty Council has the power to:
In the above matters, proposed policy decisions shall be submitted to the administration by Faculty Council for timely review. The administration shall likewise share proposed policy decisions with Faculty Council as appropriate. None of the powers of Faculty Council are limited by the existence of college, school, or departmental councils or committees.
Faculty Council shall also have the power to organize itself and to make all by-laws and regulations necessary for its own proceedings. This includes, but is not restricted to, the power to elect officers, establish and organize standing committees, issues committees, caucuses, and to establish meeting times.
As stated in the Preamble, the Board of Regents hold the ultimate authority in governance of Montana State University - Bozeman. The President, as general agent of the Board, is the chief executive of Montana State University - Bozeman. Matters can be brought to the attention of the Board of Regents through presentations by Faculty Council officers at Board of Regents meetings, as well as through MSU-Bozeman administrative presentations.
Faculty Council, as the representative body of the academic faculty, works with its counterpart, Professional Council, which represents the professional employees, through the joint meetings of the two Councils as the University Governance Council. Issues for discussion are routed to the three Councils by a steering committee which is made up of members from both Faculty Council and Professional Council.
Each individual represented by Faculty Council and eligible for election to the body has certain rights and powers.
Each individual eligible for Faculty Council membership has the right to vote in elections of representatives from his/her constituency. The recall of elected Faculty Council members, if deemed necessary by an appropriate constituency, shall be the responsibility of that constituency.
Any member of the University community may bring any matter of University concern to the attention of University Governance Council or either appropriate individual Council through a Council member, through a committee chair, or through the officers of the Councils.
A matter of University concern may also be introduced for Faculty Council consideration by a petition signed by 5 percent of the faculty members who are eligible to vote in Faculty Council elections. Matters introduced by such petitions shall be considered by Faculty Council within thirty (30) academic days, excluding summer sessions.
An action of Faculty Council or of the University Governance Council may be challenged by referendum. Such actions or decisions shall be submitted to a referendum vote of the faculty eligible for election to Faculty Council upon submission of a referendum petition signed by one-third (33%) of the faculty members who are eligible for election to Faculty Council.
Actions of Faculty Council subject to referendum shall be confirmed unless the faculty voting rejects the action by a majority of those voting, and provided that the number of voters voting is equal to, or greater than, forty percent (40%) of the eligible voters.
The constituency of Faculty Council includes tenured and tenurable academic faculty members of .25 or greater FTE appointments. Excluded are those in administrative positions who hold the position of Department Head or above. All constituents are eligible for election to Faculty Council as well as being eligible to vote in the elections.
Faculty Council shall consist of members directly elected as representatives by constituencies, an elected Chair and Chair-Elect, and other officers elected or appointed by Faculty Council as provided in By-Laws of the organization.
A majority of the elected members of the Council shall constitute a quorum for the transaction of business. All actions or recommendations of Faculty Council shall be decided by vote according to Robert's Rules of Order. Voting shall be by secret ballot if requested.
All meetings will be held according to Robert's Rules of Order. Any special meetings of the Council, outside of established regular meeting times shall be held at the call of the Chair of the Faculty Council, or by petition of twenty-five percent (25%) of the members of the Council.
This constitution shall be ratified by a simple majority of affirmative votes received from tenured and tenurable academic faculty. The vote shall not be conclusive unless at least forty percent (40%) of the academic faculty having the qualifications to vote in Faculty Council elections cast a vote in the ratification process.
This Constitution may be amended by a majority of the academic faculty voting, provided that a copy of any proposed amendment has been submitted by a public notice at least fifteen (15) days prior to the final date by which ballots must be returned. Amendments will be considered approved if the faculty voting supports the action by a majority of those voting, and provided that the number of voters voting is equal to, or greater than, forty percent (40%) of the eligible voters.
Council actions on Constitutional amendments are subject to the petition and referendum procedures.
