Amended - November 1, 2009
ARTICLE I � Name
The name of this organization shall be the Edinboro University Association of Pennsylvania State College and University Faculties, EUP/APSCUF, herein referred to as the Association.
ARTICLE II � Purpose
Section 1. To promote within the Association�s membership the highest type of professional practices; to encourage active participation in the solution of problems common to the membership of the Association; to engender a genuine spirit of professional ethics; and to seek constantly to improve relations between APSCUF and its members with other groups working for the improvement of public higher education; and to serve the students of Edinboro University.
Section 2. To promote member participation in the formulation of policies and standards pertaining to education and coaching activities.
Section 3. To encourage members to exercise their rights and privileges as citizens and to assume appropriate leadership responsibilities in civic affairs; to cooperate with community organizations and civic bodies having worthy educational objectives, and to aid in interpreting to the public the problems and functions of public higher education.
Section 4. To promote professional welfare; to aid in improving salaries; to vigorously support tenure of faculty and job security for other bargaining unit members, a sound and equitable retirement system and other conditions of employment that will enable bargaining unit members to function as a vital factor in the educational progress.
Section 5. To act as the exclusive representative for all APSCUF bargaining units in implementing any collective bargaining agreement with the Commonwealth of Pennsylvania and agreements with the local administration of Edinboro University, to operate as the local representative of state APSCUF, and to keep bargaining unit members informed about local and state matters.
ARTICLE III � Bargaining Units: Membership Rights and Obligations
Section 1. Members of the Edinboro University APSCUF bargaining units shall be entitled to active Association membership upon meeting the requirement for such, according to the state APSCUF bylaws. Active members, excepting Acting Managers, are eligible to run for office, serve on committees, and vote in elections and meetings of the Association�s membership.
Section 2. General meetings of the Association�s membership, in addition to those scheduled by the President or Executive Council, may be held upon written petition of 10% of the Association�s membership.
Section 3. Association members are entitled to vote on issues and amendments which are properly the province of the general membership as determined by this Constitution and the Executive Council. The Executive Council shall recognize that membership votes are most important when the matters involved affect the key purposes of the Association rather than the operational functions of the Association. Such votes shall be conducted at the Association�s membership meetings or by such other reasonable means as the Executive Council shall determine.
Section 4. Twenty percent of the Association�s membership constitutes a quorum for voting in general membership meetings.
Section 5. The Association�s dues shall conform to those established in the state APSCUF bylaws.
Section 6. Each academic department and the coaches unit shall elect a departmental representative to serve as a liaison to EUP/APSCUF for a one (1) year term beginning September 1.
ARTICLE IV � Officers & Duties
Section 1. The Officers of the Association shall be the following: President, Vice-President, Secretary, Treasurer, and (except as limited by Section 6 hereunder) the Immediate Past President.
Section 2. The new officers shall take office on May 1 of odd-numbered years for a term of two (2) years.
Section 3. If a vacancy occurs in any office (excepting the offices of the President and Immediate Past President), it shall be filled at the next meeting of the Executive Council by majority vote of the Executive Council members or Executive Council may require that a special election be held. The person so chosen shall serve only until the end of the unexpired term unless re-elected in the regular manner.
Section 4. In the event of a vacancy in the Office of the President, the Vice-President shall become President. The Vice-President may also serve the Association in other duties at the request of the President.
Section 5. The President shall preside at all meetings of the Executive Council and the Association�s membership, shall be the Faculty Representative to the Edinboro University Council of Trustees, and shall be an ex-officio member of all committees established in this Constitution or by the Executive Council, except Nominations and Elections. The President shall prepare and distribute a tentative agenda and appropriate supporting materials to the Executive Council three (3) working days prior to its meetings except for meetings of an emergency nature. The President shall serve as one of the state APSCUF Legislative Assembly delegates during the term of office and function as the head of the delegation. The President shall propose committees not otherwise provided for herein, subject to the approval of the Executive Council, and to convene organizational meetings of Contractual Committees established by the current Collective Bargaining Agreement. The President shall oversee the work of the Association�s office personnel and the Association�s financial matters.
Section 6. The Immediate Past President of the Association shall exercise voting rights as a member of the Executive Council and may be appointed to committees of the Association. The Immediate Past President�s term shall be concurrent with that of a successor President elected by the Association�s membership but must not exceed four (4) consecutive years.
Section 7. The Secretary shall keep a record of all minutes of general membership and Executive Council meetings of the Association. Such minutes shall be prepared in writing and be distributed to the Executive Council three (3) working days prior to the next meeting except for meetings of an emergency nature. These minutes shall also be on file in the APSCUF Office and be available to the general membership of the Association. The Secretary shall also maintain a record of attendance of Executive Council members at its meetings. This record of attendance shall be published by the Association in a conspicuous manner prior to the election of the Executive Council members. In the absence of the Secretary, another member of the Executive Council shall be appointed to keep the record.
Section 8. The Treasurer shall be responsible for the preparation of the budget and for all other financial matters of the Association subject to policy established by Executive Council or state APSCUF. Duties shall include promptly paying bills and depositing income into EUP/APSCUF accounts, keeping accurate records of financial matters, and cooperating with the annual Audit Committee. The treasurer�s report shall be prepared in writing and be distributed to the Executive Council three (3) working days prior to the next meeting except for meetings of an emergency nature.
Section 9. Officers of the Association shall, upon expiration of their terms, submit records and proceedings of their offices to their successors.
ARTICLE V � Executive Council & Duties
Section 1. The Executive Council of the Association shall consist of the Officers, the elected Delegates to state APSCUF Legislative Assembly as allotted to Faculty and Coaches, and eight (8) additional members elected as provided. There shall be two (2) area representatives elected from the School of Liberal Arts; the School of Education; the School of Science, Management, and Technologies; one (1) representative from the Non-Teaching Faculty, and one (1) representative from the Coaches. Legislative Assembly Delegates shall assume office on September 1 of the year elected. The eight (8) area representatives shall take office on May 1 of odd-numbered years. The Chair of the Grievance Committee and the Spokesperson for Meet & Discuss, if not appointed from the members of the Executive Council, shall be ex-officio, non-voting members of said Council.
Section 2. The terms of all elected members of the Executive Council shall be for two (2) years.
Section 3. Meetings of the Executive Council shall be held at the call of the President, or at the request of three members of the Executive Council. Notice of meetings, except for emergencies, shall be given in writing or through University e-mail at least ten (10) days prior to the meeting.
Section 4. A majority of the Executive Council members shall constitute its quorum.
Section 5. Meetings of the Executive Council shall be open to all members of the Association.
Section 6. Members of the Executive Council shall be assigned by the President to represent specialized areas of the Association�s activities.
Section 7. The Executive Council shall arrange for a minimum of two (2) general membership meetings of the Association each year. The Executive Council shall set the time and place of the meetings and give adequate notice to all members.
Section 8. Members of the Executive Council expected to attend all Executive Council meetings. Delegates are expected to attend all Legislative Assembly meetings or to arrange for an Alternate Delegate to attend. The Executive Council shall establish criteria for excusing such attendance as well as procedures for recording and publishing
attendance to the Association�s membership. Excused absences shall include but not be limited to sabbatical leave, leave without pay, and alternate work assignments distant from campus.
Section 9. A consistent pattern of absences or conduct that is notorious and injurious to the purposes of the Association may lead to a member of the Executive Council being removed by a two-thirds vote of the Executive Council members.
Section 10. Any vacancy occurring on the Council shall be filled in the same manner as officer vacancies are filled pursuant to Article IV. Section 3.
Section 11. While most matters coming before the Executive Council for consideration should be acted upon at an Executive Council Meeting, when deemed necessary by the President, votes may be conducted by electronic means (e.g., e-mail, telephone, etc.). In such cases, a majority of all Executive Council members eligible to vote shall be necessary for a motion to pass. A roll call summary of the results of the vote will be maintained by the Secretary.
Section 12. In the case when there is an insufficient number of elected delegates or alternate delegates to fill the Edinboro delegate allotment at Legislative Assembly, an elected member of the Executive Council may act as an alternate delegate.
ARTICLE VI � Committees
Section 1. Those committees specified by the Collective Bargaining Agreement (Contractual Committees) shall be elected according to a profile and procedure as determined by the Executive Council and in accordance with the state APSCUF bylaws and the Collective Bargaining Agreement.
Section 2. Standing committees are those committees specifically mentioned in these bylaws. The Standing Committees shall include Nominations and Elections Committee, Audit Committee, Budget Committee, Grievance Committee, Health & Welfare Committee, Legislative Committee, Membership Committee, Rules & Bylaws Committee, Faculty Professional Development Committee, Public Relations Committee, and a Gender Issues Committee. The Executive Council shall approve appointments and provide Committees with a list of Committee duties and deadlines. Chairpersons of Standing Committees shall have the right to place items on the agenda of meetings of the Executive Council. The Executive Council shall establish such other Committees as it deems appropriate.
Section 3. All standing committees and Ad Hoc committees appointed by Executive Council are bodies of the Association and their actions are subject to the authority of the Executive Council and Association�s membership. Executive Council shall determine the member profile of standing committees.
Section 4. Committee appointments shall be for two years or for the life of the committee in the case of time-limited Ad Hoc committees). Standing committee members shall be seated, commencing on September 1 of odd numbered years. Except as specified herein, the President shall propose membership on committees to the Executive Council for ratification. Members of these committees shall be selected from a broad, representative spectrum of the Association�s membership. The President shall appoint one Committee member to serve as Chairman Pro-tem to call the first committee meeting and preside at the election of the Committee Chairperson. Chairpersons shall call committee meetings as needed. Chairpersons of standing committees having a state-wide APSCUF committee shall represent EUP/APSCUF at state-wide meetings and report to the Executive Council on actions of the respective committee.
Section 5. No committee may incur any expense without prior approval of the President or his/her designee.
Section 6. The Curriculum Committee shall be an elected committee having members selected from a broad spectrum representing the membership of the bargaining units.
ARTICLE VII � Nominations and Elections Procedures
Section 1. Nominations for the various elected positions shall be made by petition which includes the signatures of at least fifteen Association members under rules established by the Nominations and Elections Committee. Nominations received shall be presented in writing by that committee to the Association�s membership by March 20 of each odd-numbered year. Such nominations shall also be posted in each university department by the same date. Results of the election shall be announced and posted by the chairperson of the Nominations and Elections Committee within twenty-four (24) hours of the announced election deadline and no less than two weeks prior to the date of seating for elected positions specified in this constitution. Since all candidacies commence with a petition from the interested member, there shall be no write-in candidates.
Section 2. Nominees for the Executive Council representing each of the areas listed in Article V. Section 1. above shall be members of those areas and elected by the members of those areas.
Section 3. The nomination and election of state APSCUF Legislative Assembly delegates shall be held each year according to the staggered system provided for in the state APSCUF bylaws (i.e., those seats established in even and odd years shall be filled at that time). Nominations and elections shall otherwise be conducted in accordance with Section 1. of this Article.
Section 4. The nomination and election of delegates to affiliate organizations shall be conducted in accordance with Section 1. of the Article if such delegates are required to be elected by the state APSCUF bylaws or any affiliate agreements. If election is not required, delegates to affiliate organizations will be nominated by the President and approved by the Executive Council.
Section 5. The person(s) receiving a majority of the votes cast for each office or elected position on the Executive Council, excepting Delegates, and within the Coaches� unit shall be deemed elected. In the event no candidate receives a majority, there shall be a run-off election between the two candidates with the highest number of votes, or in the case of an election for multiple candidates, the top three (3) candidates shall be on the ballot for the run-off election and the two (2) candidates with the highest votes will be elected. Delegates to the APSCUF Legislative Assembly shall be elected as provided with the allotted positions filled by the candidates receiving the highest number of votes.
Section 6. All faculty members serving as elected members of the EUP/APSCUF Executive Council are Alternate Delegates to the APSCUF Legislative Assembly. The Coaches� Alternate Delegate shall be the coach receiving the next highest number of votes. Alternates will replace delegates on an as-needed basis.
ARTICLE VIII � Parliamentary Authority
Roberts� Rules of Order, Newly Revised, shall be the authority on all questions of procedure not otherwise provided in the Constitution where they are applicable and not inconsistent with State APSCUF Bylaws and any special rules of order adopted by this Association.
ARTICLE IX � Amendments
Amendments may be proposed by 10% of the Association�s members or by majority vote of the Executive Council. Subsequently, proposed amendments shall be presented to the Association�s members for adoption in a timely manner. Recommended amendments will go before the Association�s membership, with 10-day prior notification, for a vote by written ballot. Amendments shall be adopted by a two-thirds vote of the members voting on the question. Amendments must be forwarded to the state APSCUF Rules and Bylaws Committee by June 1 of each year.
ARTICLE X � Provisos
Section 1. EUP/APSCUF is a local chapter of the Association of Pennsylvania State College and University Faculties (APSCUF or state APSCUF). This Constitution shall be interpreted so as not to conflict with any provisions of the current state APSCUF bylaws.
Section 2. Upon ratification, this constitution shall supersede and replace previous constitutions and bylaws of this Association.
ARTICLE XI � Ratification
The Constitution may be ratified by a two-thirds vote of the Association�s members voting, provided that written copies of the proposed Constitution shall have been submitted to all members of the Association at least ten days prior to voting.