Davis Faculty Association

Bylaws

Davis Faculty Association Articles of Association and Bylaws:

Article I.  Name

The name of this organization is Davis Faculty Association, hereinafter referred to as “Association.”

Article II. Purpose and Functions

Section 1. The Association shall have as its general objectives: to further the faculty’s professional and scholarly values, to protect those privileges and responsibilities traditionally reserved to the faculty for the purpose of maintaining and improving the academic quality of the campus, and to improve the economic status and general welfare of the faculty.

Section 2. The Association shall have the following functions:
a) To inform and consult with faculty and seek to represent their interests to all agencies whose decisions affect the faculty. It will gather and disseminate information to the faculty on issues before the legislative and executive branches of California’s government, other relevant units dealing with higher education, campus and University administration, and the Board of Regents.

b) To facilitate collective bargaining legislation by continually informing itself and the faculty on all relevant issues. It will monitor and may attempt to influence any legislation affecting the interests and welfare of the faculty. Upon approval of the Association membership it shall seek to become the exclusive collective bargaining agent for the faculty.

c) To encourage the formation, development, maintenance, and coordination of liaisons with parallel or similar organizations on other campuses of the University of California.

Article III. Membership

Section 1. Membership in the Association is open to all faculty eligible for membership in the Davis Division of the Academic Senate, under the standards contained in the current By-Laws of the Division, or personnel in the title series Clinical Professor (Salaried), except those holding more than half-time academic administrative positions above the rank of Chairman of the Department. [Amended to include Clinical Professor (Salaried) 6/94]

Section 2. The criteria for membership may be altered only on approval, in a mail ballot of the membership, by a simple majority of the total membership, or, if less than 75 percent of the membership cast valid ballots, by two-thirds of those casting valid ballots. The Executive Board and interested members may make their views on the proposed alteration of membership criteria known to the membership at the time of mailing ballots.

Section 3. Race, color, creed, national origin or sex of those eligible for membership shall not be a bar to membership.

Article IV. Relationship to the Davis Division

The Association shall carry out its functions independent of the activities of the Davis Division of the Academic Senate and its committees, and shall make use of none of the resources or facilities of the Davis Division. It approves and supports the principles of governance expressed in the present delegation of authority by the Board of Regents to the Academic Senate.

Article V. Executive Board and Officers

Section 1. There shall be an Executive Board of eleven persons, including four officers. These persons shall be elected by the members for two year terms, except as provided below, and they shall be eligible for re-election.

Section 2. The officers of the Association shall be Chair, Vice Chair, Secretary, and Treasurer. The terms of office shall begin October 1 and end September 31. However, in 1979, as a result of the first election, the Vice Chair and Secretary shall serve from the time elected until September 31, 1980, and the Chair and Treasurer shall serve from the time elected until September 31, 1981.

Section 3. The terms of office of the other seven Board members shall also extend from October 1 through September 31. However, in 1979, as a result of the first election, three shall be chosen by lot to serve until September 31, 1980, and the other four shall serve until September 31, 1981.

Section 4. Officers and Board members may be removed by a simple majority of those voting by mail ballot. A petition for recall of any Board member must be instituted by 10 per cent of the membership.

Section 5. Vacancies on the Executive Board shall be filled by action of the Executive Board for the period of the unexpired term. In the case of the Chair, the Vice Chair shall succeed the Chair. The Board shall have the power to fill vacancies for the period of the unexpired term occasioned by death, resignation, undue absence, or inability to serve.

Section 6. Elections for the Board shall be by mail vote of the members in good standing as of April 1st. Ballots shall be mailed no later than May 5th.

Section 7. There shall be a Nominating Committee for Board elections, which shall consist of three Association members in good standing as of the date of appointment (no later than April 1st). The Executive Board shall make the appointments; no member of the Board may be appointed to the Nominating Committee.

Section 8. On or before April 10th, the Nominating Committee shall propose one or more candidates for each Board position to be filled at that election. On or before April 13th, the Board will distribute by mail to the members the names of the persons nominated by the Nominating Committee; such notice also will indicate that further nominations may be made on petition of 25 members in good standing as of April 1st, or 5 per cent of the membership, whichever is smaller. Such petitions shall be delivered to the Secretary of the Association on or before April 27th. The names of all candidates nominated by the Nominating Committee and by petition shall be placed on the ballot, with a designation of the method by which each was nominated. All nominees shall have given approval for inclusion of their names on the ballot.

Section 9. Only Association members in good standing as of April 1st shall be eligible to be candidates for the Board.

Section 10. Each voter may vote for as many candidates as there are posts to be elected, and the winning candidates shall be determined by plurality vote.

Section 11. The Board shall appoint a committee of three persons to be responsible for the conduct of the election and the counting of the vote. The Board shall announce the results of the election within seven days of the close of the ballot period.

Section 12. The first election, to be held in the Fall Quarter, 1979 (as indicated in Section 3 above), shall be conducted by procedures parallel to those set forth in this Article, with suitable adjustments of dates.

Article VI. Duties of the Executive Board and Officers

Section 1. The Executive Board shall act as the governing body of the Association between Association meetings. A majority of the Board shall constitute a quorum for the conduct of its business. Decisions on matters committing the Association must be made by a majority of the Board. Any action taken by the Board shall be submitted to the membership for approval by mail ballot upon request of 10 per cent of the membership or 25 members, whichever is less, or the majority of the Executive Board.

Section 2. The Chair shall preside over meetings of the Association and of the Executive Board, shall issue the call for such meetings, and shall supervise the administration of the Association’s program.

Section 3. The Vice Chair shall assist the Chair in the supervision of the general program of the Association and shall act in the Chair’s stead at all Association and Board meetings which the Chair is unable to attend.

Section 4. The Secretary shall be responsible for keeping the records of the Association, for preparing a record of the minutes of all regular and special meetings of the Association and all meetings of the Executive Board, and for issuing notice of the call to regular and special meetings of the Association when instructed to do so by the Chair.

Section 5. The Treasurer shall serve as the custodian of Association funds and shall be responsible for keeping these funds in a suitable depository, for keeping the Association’s financial statement up to date at all times and for making it available to the Association upon request, and for maintaining and keeping a current list of the membership in good standing, which list shall be available at any Association meeting when called for. The Treasurer shall prepare a financial report for distribution to the membership at least once  a year. The Treasurer shall be responsible for the disbursing of funds of the Association as authorized by the Executive Board.

Section 6. Members of the Board shall perform such other functions as the Board may determine. The Association or the Board may establish committees as required by circumstances.

Section 7. The Board shall employ such staff as is necessary for the effective functioning of the Association. The staff will operate under the direction of the Chair, for the Executive Board.

Section 8. The Chair shall issue a call for a meeting of the Executive Board upon request of three members of the Board.

Article VII. Dues and Assessments

Section 1. The Board will develop an equitable dues structure. Assessments shall be at the discretion of the Board.

Section 2. Paid-up membership shall be a prerequisite for Association membership in good standing.

Article VIII. Meetings

Section 1. The Association shall schedule at least one regular meeting during each quarter of the regular academic year, beginning with the Autumn Quarter, 1979.

Section 2. The Chair shall call a special meeting of the Association within two weeks when requested to do so by a majority of the Executive Board or on petition signed by ten per cent of the Association members in good standing.

Section 3. The quorum for any Association meeting shall be 25 Association members in good standing or ten per cent of the membership, whichever is less. Any action taken at a membership meeting shall be submitted for approval by the membership by mail ballot upon request of one-third of the members in attendance at that meeting or of a majority of the Executive Board.

Section 4. The Secretary shall issue a notice of any regular or special meetings of the Association at least seven days prior to the meeting date, unless the Executive Board shall determine that circumstances require shorter notice.

Article IX. Amendment

Section 1. These by-laws may be amended, except as provided in Article III Section 2, by a majority of the membership responding to a mail ballot.

Section 2. Amendments may be proposed by a majority vote of the Board or by petition of at least ten per cent of the voting members of the association or by twenty-five members of the Association, whichever is less.

Article X. Mail Ballots

Section 1. Mail ballots, other than those scheduled for regular election to the Board, may be initiated for any purpose by the Executive Board or by direction of a regular or special meeting of the Association.

Section 2. Except as otherwise specified in these by-laws, those eligible to vote in any mail ballot shall be all members in good standing as of one month before the date on which the ballots are mailed. Unless the Executive Board shall declare that an emergency exists requiring a shorter period, all ballots postmarked within two weeks from the date of mailing of a mail ballot shall be counted.

Section 3. Except as otherwise specified in these by-laws, matters submitted to the membership by mail ballot shall require only a simple majority of those casting valid ballots.

Article XI. Effective Date

These by-laws became effective on May 16, 1979.

Article XII. State of California Franchise Tax Board, Section 23701-A Revenue and Taxation Code Exempt Organization Requirements

Section 1. The specific and primary purpose of this organization is to operate a labor organization within the meaning of Section 23701-a of the California Revenue and Taxation Code.

Section 2. The organization does not contemplate pecuniary gain or profit to its members and is organized for nonprofit purposes.