Question about Committee Appointments

[cheris...@gmail.com]

Hello all,

I hope your last weeks of the fall semester are going well. I have a question about appointing faculty to screening committees. We are about to search for a new superintendent/president at Gavilan College. The Board of Trustees has put forth a committee composition, and they are asking for a recommendation of five faculty members to go to the Board for approval, and they select three from the five. As the Senate President, I make appointments to committees, and if we follow the committee composition put forth by the Board, I would be giving up my right. Has anyone else had to deal with something like this before? Also, do you know where I can find any citations on the ASCCC website?

Any advice would be much appreciated.

Cherise Mantia

Academic Senate President 

Gavilan College

 

[Wheeler North]

The citation is the regulation, T5 53203 f.

(f) The appointment of faculty members to serve on college or district committees, task forces, or other groups dealing with academic and professional matters, shall be made, after consultation with the chief executive officer or his or her designee, by the academic senate. Notwithstanding this Subsection, the collective bargaining representative may seek to appoint faculty members to committees, task forces, or other groups.

At this point it’s the Board President who should be consulted with, and should be, but the decision remains exclusively one for the Academic Senate to make. Frankly it’s not a hill to die on unless they are really picking folks who won’t equitably represent the Academic Senate’s interests.

Good luck,

Wheeler

On Dec 6, 2021, at 19:22, cheris...@gmail.com <cheris...@gmail.com> wrote:

[EXTERNAL Email: Do not click any links or open attachments if you do not trust the sender and know the content is safe.]

--
This group has NOT been established or endorsed by the Academic Senate for California Community Colleges or its Executive Committee. This discussion group is not moderated, and any opinion expressed is solely that of its author.
---
You received this message because you are subscribed to the Google Groups "CCCSenates" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cccsenates+...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/cccsenates/8b3d14ea-1e1d-45a2-983b-4d3d5c83aa3dn%40googlegroups.com.

[David Morse]

Hello Cherise,

Yes, I had exactly this same thing happen when I was academic senate president at Long Beach City College  (which was several years ago).  Wheeler gave you the correct citation, and I absolutely agree that you should be making these appointments. I argued vehemently to be able to do so when I had this situation. But I lost; although you should be making the appointments, there is really no way to force the board to let you do so. However, with a bit of manipulation and the cooperation of our union, we still for all practical purposes made the appointments: The union president and I were both supposed to make separate nominations, so we made sure our nominations overlapped so that there were really only exactly enough candidates to fill the spots. The board president was not happy, but in the end he accepted it. 😊

 

David W. Morse, PhD

Professor of English, Long Beach City College

President, Academic Senate for California Community Colleges 2014-2016

(562) 938-4458

 

 

From: <cccse...@googlegroups.com> on behalf of Wheeler North <wno...@sdccd.edu>
Reply-To: "cccse...@googlegroups.com" <cccse...@googlegroups.com>
Date: Monday, December 6, 2021 at 8:58 PM
To: "'Shaw, Leigh Anne' via CCCSenates" <cccse...@googlegroups.com>
Subject: Re: [Google Group CCCSenates] Question about Committee Appointments

 

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

 

To view this discussion on the web visit https://groups.google.com/d/msgid/cccsenates/7296587B-EBD3-4186-8DFF-A42A04B040A4%40sdccd.edu.

[Michael Stannard]

Dear Cherise,

I don't know about ASCCC, but this is from Title 5.  They have been successful in our district (State  Center Community College District) in using the tactic of "You suggest, we appoint," but it is a clear violation of senate rights. 

Yours,

Michael Stannard

Philosophy Instructor

Clovis Community College

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 6. CALIFORNIA COMMUNITY COLLEGES
CHAPTER 4. EMPLOYEES
SUBCHAPTER 2. CERTIFICATED POSITIONS
ARTICLE 2. ACADEMIC SENATES
§ 53203. Powers.

(f) The appointment of faculty members to serve on college or district 
committees, task forces, or other groups dealing with academic and 
professional matters, shall be made, after consultation with the chief 
executive officer or his or her designee, by the academic senate. 
Notwithstanding this Subsection, the collective bargaining representative 
may seek to appoint faculty members to committees, task forces, or other 
groups.

--

[Freitas, John E]

The thing about this section is that it’s specific to bodies dealing with academic and professional matters, and the consultation is specifically with the CEO. I’m guessing that the district’s general counsel has provided an opinion that a CEO hiring committee is not a 10+1 matter, and as such the board can do what it wants. Years ago in our district the board changed the hiring process for the district  Chancellor such that the total number of faculty was reduced from 4 to 2. Our district senate president and union president were allowed to appoint their representatives, but they were not pleased. But the reality is that as long as they are following the advice of counsel and not violating the law, there’s not much that can be done to compel a board to change course, other than elections.

John Freitas, Professor of Chemistry 

LACC Articulation Officer

DAS Parliamentarian

Los Angeles City College 

323-953-4000 ext. 2605

frei...@lacitycollege.edu

[Michael Stannard]

Academic senates need counsel just as unions and administrations need it.  There is at least a chance that if a senate sued a district administration over 53203(f), the senate would win.

--

This group has NOT been established or endorsed by the Academic Senate for California Community Colleges or its Executive Committee. This discussion group is not moderated, and any opinion expressed is solely that of its author.
---
You received this message because you are subscribed to the Google Groups "CCCSenates" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cccsenates+...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/cccsenates/6244B4EC-1977-4552-B41A-880E9BF6D6C7%40lacitycollege.edu.

[Wheeler North]

Ha, well, I would offer that the causal relationship between not breaking the law and following the advice of counsel does not necessarily exist. 

(-;

Wheeler North I-Mini

On Dec 7, 2021, at 10:36 AM, Freitas, John E <FREI...@lacitycollege.edu> wrote:



[EXTERNAL Email: Do not click any links or open attachments if you do not trust the sender and know the content is safe.]

--

This group has NOT been established or endorsed by the Academic Senate for California Community Colleges or its Executive Committee. This discussion group is not moderated, and any opinion expressed is solely that of its author.
---
You received this message because you are subscribed to the Google Groups "CCCSenates" group.
To unsubscribe from this group and stop receiving emails from it, send an email to cccsenates+...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/cccsenates/6244B4EC-1977-4552-B41A-880E9BF6D6C7%40lacitycollege.edu.

[Freitas, John E]

Is CYA in the 10+1?

 

 

John Freitas, Professor of Chemistry

Los Angeles City College

Articulation Officer

DAS Parliamentarian

323-953-4000 ext.2605

frei...@lacitycollege.edu

 

 

From: cccse...@googlegroups.com <cccse...@googlegroups.com> on behalf of Wheeler North <wno...@sdccd.edu>
Date: Tuesday, December 7, 2021 at 6:45 PM
To: cccse...@googlegroups.com <cccse...@googlegroups.com>
Subject: Re: [Google Group CCCSenates] Question about Committee Appointments

To view this discussion on the web visit https://groups.google.com/d/msgid/cccsenates/7CA12EE7-DC3F-4C53-AF01-37287C0CA917%40sdccd.edu.