Middlebury

Middlebury College Staff Council (MCSC) Constitution

Article I. Name

The name of this organization is the Middlebury College Staff Council (hereinafter referred to as MCSC).

Article II. Purpose

The purpose of the MCSC is to help make Middlebury College a better place to work. The MCSC is elected by the staff employees, and acknowledged by the Board of Trustees, to establish priorities and implement planning for the staff. The MCSC's responsibilities include, but are not limited to:

A. Listen and respond to the ideas, opinions, problems, concerns, and grievances of staff employees, and consider other matters that require the MCSC's attention;

B. Organize data, staff views, and other information into reports, and formulate recommendations for actions, changes, and solutions, as required;

C. Convey reports and recommendations to the College administration;

D. Meet with the College administration on a regular basis to discuss reports and recommendations, seeking through mutual agreement to achieve improvements;

E. Report regularly to both staff and administration;

F. Pursue any other lawful action consistent with making Middlebury College a better place to work.

Article III. Members, Officers, and Elections

A. Membership

Voting membership of the MCSC consists of 10 Middlebury College staff employees. The executive vice president and treasurer (or designate) serves as a non-voting member. Voting members of the MCSC serve two-year terms, which begin on the first Monday after their election. Expiring terms are refilled by election. Each voting member serves on at least one MCSC committee and/or the MCSC Executive Committee.

One member of the MCSC is elected to represent the entire staff as a member-at-large.

Four members of the MCSC are elected to represent employee work groups. One member is elected from each of the following work groups:

Custodial Services Employees (those whose pay originates from the organization number 308013)

Dining Services Employees

Facilities Management Employees (those whose pay originates from the organization number 309606)

Library/ITS Employees

Five members of the MCSC are elected to represent campus work areas. These campus work areas are combined into five districts based on the chart of accounts and number of employees. One member is elected from each of the following campus districts:

District A, roughly those working in the Museum, Admissions,, Dean of Faculty

District B, roughly those working in Summer/Off Campus Programs or College Advancement

District C, roughly those working in Student Affairs, Center for Campus Activities and Leadership, Center for Counseling and Human Relations, Center for Teaching and Learning, Public Safety, Alliance for Civic Engagement, Chaplain and Scott Center, Health Center, Registrar, Institutional Research, and Vermont Campus Compact

District D, roughly those working in the offices of the President, Commons, Athletics, Americans with Disabilities Act, CIA, Davis UWC Scholars Program, Dean of the College, Institutional Planning and Diversity, International Student and Scholar Services

District E, roughly those working in the offices of the Treasurer, or Assistant Treasurer/ Director of Business Services and Student Financial Services, 51 Main Street

Position in an employee work group or campus district is determined by and subject to review by the MCSC Election Committee under the supervision and approval of the MCSC. Composition of campus districts is monitored and determined by the MCSC to assure balanced representation. Any change in individual districts will result in a rewrite/replacement of this section without necessitating amendment procedures.

Regular and "Time Limited" (a duration of work at least 9 months and a predetermined end date) Middlebury College staff employees, who are not voting members of the faculty, are eligible to participate in MCSC meetings, to vote in MCSC elections and to serve as elected MCSC representatives.

High school students or Middlebury College students working for Middlebury College are not eligible to be voting members of MCSC.

[Article III section A "Membership" revised March 2009]

B. Officers

A president, vice president, and co-secretaries are elected from among the voting members of the MCSC by its voting members. Each officer serves for one year and may be reelected. The four officers of the MCSC make up the MCSC Executive Committee.

a. The MCSC president presides at meetings of the MCSC, prepares the agenda for MCSC meetings, and casts a vote in case of a tie vote. In addition, the MCSC president is the official representative of the staff and the MCSC to the College president and the College community at large. The MCSC president also serves as the budget administrator for the MCSC budget, which is a regular College budget account. The president may choose to appoint any MCSC member to serve as budget administrator..  The MCSC president serves as an ex officio member of all MCSC committees.

b. The MCSC vice president presides at MCSC meetings in the absence of the MCSC president, provides general assistance to the MCSC president, and serves as the MCSC representative to the Community Council. In addition, the MCSC vice president oversees the development of grievance procedures and the periodic review of such procedures.

c. The MCSC secretaries share responsibility for the secretarial duties of the MCSC. Those duties include but are not limited to: taking minutes of each MCSC meeting and distributing these minutes to all MCSC members and to appropriate locations on campus; informing MCSC members and staff employees of the date, time, location, and agenda of MCSC meetings; maintaining the records of the MCSC; hiring a recording clerk, when necessary, to take the minutes of MCSC meetings. Allocation of secretarial duties is determined by the secretaries and the MCSC.

The MCSC Executive Committee meets annually with the executive vice president and treasurer to review general guidelines and practices for staff salaries and benefits for the purpose of recommending improvements in these areas. The MCSC Executive Committee meets periodically with representatives of the Board of Trustees and with the College president to address and discuss staff issues.

The MCSC Executive Committee is responsible for ensuring that part-time and full-time concerns are considered in addressing all MCSC issues.

When necessary, the MCSC Executive Committee may reassign duties among the executive officers. In the event that a member of the MCSC Executive Committee is unable to attend a meeting, another member of the MCSC may be appointed by the MCSC president to serve at that meeting. If a member of the Executive Committee resigns or is unable to continue in office, MCSC representatives will elect a new officer to complete the unexpired term.

C. Elections

MCSC elections are held annually in May.

The MCSC Election Committee, under the direction of the MCSC, develops election procedures, establishes election deadlines, conducts nominations and elections for MCSC representatives, validates the results, and resolves any problems that arise from the election process.

All voting is by secret ballot.

Nomination Procedure

a. Four weeks before the final election date, election procedures, including deadlines and nomination forms, are sent to all staff employees whose representatives are up for election.

b. The nomination forms for representatives of specific employee work groups or campus districts list the names of all eligible employees in that group or district and are distributed to members of that group or district only.

c. Staff employees may nominate one person from their specific employee work group or campus district.

d. In the case of the member-at-large, the nomination form provides space for one write-in candidate. A list of all staff employees eligible for nomination will be distributed. Nominations must be made from that list.

e. Nomination by official ballot takes place at least three weeks before the date of the final election.

f. A nominee may appear on one final ballot.

g. A nominee may decline to run for office.

Election Procedure

a. At least two weeks in advance of the final election date, the Election Committee sends out ballots to voting staff employees.

b. The staff employees who received the most nominations and agreed to run are listed on the ballot for each vacant representative's seat. Each ballot may list up to four nominees. The ballots also contain space for write-in candidates.

c. Staff employees may vote once within their employee work group or campus district and once for the member-at-large representative.

d. The candidate who receives the most votes for each vacant representative's seat in which they are eligible to serve is elected to the MCSC. In case of a tie, a run-off election will be held within a month between the highest vote-getters to determine a winner.

If an MCSC representative resigns or is unable to continue in office, another staff employee from the representative's employee group or campus district will be appointed by the MCSC to serve until the next regular election. In the case of the member-at-large, the appointment will be made from among all eligible staff members. When an election is held to fill the unexpired term of the resigned MCSC member, the nomination and election for the replacement will be held in the same manner as provided for in nomination procedure and election procedure above.

An MCSC representative may serve three consecutive terms, with a hiatus of two years before running again.

Recall Procedure

An MCSC representative may be recalled from office by the following procedure:

a. A recall may be initiated by the staff employees in the employee work group or district that the MCSC member represents, provided that a recall petition is signed by one-third of the staff employees in that group or district. In the case of the member-at-large, a petition must be signed by 100 eligible staff employees.

b. Upon receipt of the petition, the MCSC will conduct a recall vote within 30 days.

c. The recall vote will be taken among the staff employees represented by the MCSC member for whom the recall has been petitioned.

d. A simple majority of those voting in favor of a recall is required for the recall to take effect. If the required number of votes is not achieved, the MCSC member will remain in office.

e. No MCSC member will undergo a recall vote more than once a year during his/her term of office.

f. If the required number of votes for a recall is achieved, the MCSC will appoint a replacement in the same manner as provided for above.

Article IV. Committees

A. Standing Committees

Each standing committee operates under the authority of the MCSC and makes recommendations for action to the MCSC. In turn, the MCSC acts on committee recommendations, and reports to each committee the results of MCSC actions. Listed below are the standing committees and their specific areas of responsibility:

1. Compensation Committee: studies and reviews salary issues, benefits, leaves and vacations, job categories, and related subjects;

2. Election Committee: conducts nominations and elections for MCSC positions including written notification of election procedures and deadlines; validates election results; determines and reviews representation of employee groups with the approval of the MCSC;

3. Publicity & Events Committee: surveys staff employee opinions; publishes articles in Middlebury College publications regarding activities of the MCSC and staff employees; plans and coordinates MCSC activities and events (e.g. MCSC open meetings, picnics, parties);

4. Staff Development Committee: studies, develops and plans for workshops, on-the-job training, staff education/orientation, and related programs;

5. Safety and Work Environment Committee: conducts research and examines issues related to the campus as a workplace and worker safety.

6. HR-6: Comprised of three MCSC members and three HR employees whose purpose is to keep the lines of communication open between HR and Staff Council.  The mission is to identify and develop recommendations for HR-related issue

Membership

a. All staff employees eligible to participate in MCSC may volunteer for MCSC committees.

b. The MCSC makes every effort to ensure that each MCSC committee includes representation from the various employee groups. The MCSC may recommend committee assignments when new committee members are needed. The MCSC reserves the right to limit the size of MCSC committees.

c. Each MCSC committee includes a chair, vice chair, and secretary as provided below.

Leadership

a. Committee chairs are approved and may be removed by the MCSC. They serve for one year as committee chair and may be appointed for a second year. While the chair may be, but is not required to be, a member of the MCSC, at least one elected member of the MCSC serves on each committee.

b. The chair conducts the meetings of the committee. The MCSC representative conveys the results of each committee meeting to the MCSC and the results of each MCSC meeting to the committee.

c. Each committee elects from its membership a vice chair and a secretary.

i. The vice chair assists the chair in conducting the business of the committee and fills the duties of the chair if the chair is unable to do so.

ii. The secretary keeps the minutes of all meetings of the committee and distributes the minutes to all members of the committee and to the MCSC secretary. The secretary informs all committee members of the date, time, location, and agenda of committee meetings.

B. Ad hoc Committees

As the need arises, the MCSC may create ad hoc committees to deal with particular issues, and recommends the names of volunteers to serve on such committees. Once an MCSC ad hoc committee has dealt with the issue in question as directed by the MCSC, or, if the MCSC determines that the ad hoc committee is no longer needed, it is dissolved by the MCSC.  If however, MCSC feels that a specific ad hoc committee is needed and would better continue as a standing committee, an amendment petition and vote will be held to make it a standing committee.

The chair of each ad hoc committee is appointed by the MCSC. The chair may be, but is not required to be, a member of the MCSC. During the period that the ad hoc committee is active, its chair reports to the MCSC as directed.

Each ad hoc committee has one or more members who are elected members of the MCSC.

C. Middlebury College Committees and Positions

The MCSC makes appointments or recommendations for appointments to College committees. These include, but are not limited to: Wage and Salary Review Committee, Human Relations Committee, Community Council, Community Judicial Board, Environmental Council, and Staff Appeals Panel. The MCSC also makes recommendations to the College president for the positions of ombudspersons.

Article V. Meetings and Records

A. Meetings

Annual Meeting

a. Within 30 days of the annual MCSC elections, an annual meeting of the MCSC is held.

b. At the annual meeting the MCSC elects its officers and appoints the chairs of standing committees. The MCSC also makes recommendations for committee assignments.

Regular, scheduled meetings of the MCSC

a. The time and number of meetings per year is determined by the MCSC.

b. A written agenda of each meeting is distributed by the MCSC secretary, or his/her designate, to MCSC members and to designated posting locations on campus during the week prior to the meeting.

c. Regular meetings are open to all Middlebury College staff members.

d. An executive session may be entered into at any time by a majority vote of the MCSC. Executive sessions are conducted in the following manner:

i. The motion to go into executive session indicates the nature of the business to be considered during the executive session.

ii. The executive session is limited to the consideration of the business for which the executive session was called.

iii. Attendance is limited to voting members of the MCSC and persons invited by the MCSC.

e. MCSC members are expected to attend all MCSC meetings and are to be compensated at their normal rate of pay. In addition, MCSC meeting time is counted toward the weekly total of hours in order to determine overtime pay for nonexempt employees.  Overtime pay will be charged to the employee's department.  Absences are to be made known in advance to the MCSC secretary.

Public meetings

a. On a regular basis, at least twice a year, the MCSC conducts public meetings for all staff employees to communicate the activities of the MCSC and to solicit input and reaction from the staff.

b. Public meetings are held at such times and places as to enable staff employees to attend. Notice of public meetings is made at least one week in advance.

c. Release time without penalty is provided to all Middlebury College staff employees for attendance at public meetings.

Special meetings

a. Special meetings of the MCSC may be called by the MCSC president at the request of any MCSC member or at the request of the College president.

b. The section on regular, scheduled meetings of the MCSC above applies to special meetings.

Conduct of meetings

a. The MCSC president conducts all meetings of the MCSC.

b. Two-thirds of the voting membership of the MCSC constitutes a quorum.

c. A majority of the MCSC members present is required to pass a seconded motion. In the case of a tie vote, the MCSC president casts the deciding vote.

d. Voting on all matters other than the election of officers is made by voice vote. A roll-call vote will be taken on any matter should a simple majority of MCSC members request such a vote.

e. Any member of the Middlebury College community may address the MCSC with prior permission from the MCSC president. Permission to address the MCSC is obtained at least one week prior to the date of the meeting.

f. Robert's Rules of Order, Newly Revised may be consulted as needed to maintain orderly procedure.

Content of meetings

a. Business for the MCSC's attention may originate from any member of the MCSC or the Middlebury College community in the following manner:

i. Through contact with an elected MCSC member.

ii. Through contact with an MCSC committee

iii. At the request of the College president

b. Regular meetings of the MCSC usually include the following:

i. Approval or amendment of the minutes of the previous meeting

ii. Reports from the MCSC committee chairs

iii. Old business and new business

iv. Opportunity for public comment

c. The MCSC may invite groups or individuals not affiliated with Middlebury College to address the MCSC.

d. Business at special meetings is limited to discussion of the matters about which the special meetings are called.

Committee meetings

a. Committee meetings are held as needed.

b. Committee meetings are open to all members of
the Middlebury College staff. Notice of each committee meeting is posted at campus locations during the week prior to the meeting.

c. A committee may enter into executive session at any time by a majority vote of the committee members. Committee executive sessions are conducted as provided for in the section on regular, scheduled meetings of the MCSC, d. i. and ii. above. Attendance is limited to voting members of the committee and to those who are invited by the committee.

d. Committee members are expected to attend all committee meetings and are to be compensated at their normal rate of pay.  In addition, MCSC meeting time is counted toward the weekly total of hours in order to determine overtime pay for nonexempt employees.  Overtime pay will be charged to the employee's department.  Absences are to be made known in advance to the committee secretary.

B. Records

The permanent records of the MCSC are maintained by the MCSC secretary in a secure campus location. These records include:

1. The MCSC Constitution and its amendments.

2. Minutes of all MCSC meetings.

3. Minutes of all MCSC committee meetings.

4. All correspondence and other documentation of the MCSC.

A permanent record is maintained by the secretary of each MCSC committee of

1. Minutes of all committee meetings.

2. All correspondence and other documentation of the committee.

Article VI. Amendments

A. A motion to amend this constitution must be accompanied by a petition signed by at least 50 Middlebury College staff employees who are eligible to vote in MCSC elections

B. The motion to amend must be stated on the agenda for the MCSC meeting at which the amendment is to be considered

C. A motion to amend must be passed by six of the ten voting members of the MCSC.

D. A special open meeting to explain the amendment will be held prior to the vote.

E. If the proposed amendment is passed by the MCSC it is put to a referendum vote for all eligible Middlebury College staff employees within 30 days.

F. A simple majority of those casting ballots is required for the amendment to be adopted.

Article VII. Dissolution

A dissolution vote will be held within 30 days of receipt of a petition signed by one-third of the staff employees of Middlebury College eligible to vote in MCSC elections. All eligible employees will be notified of the dissolution vote at least 10 days prior to the vote. If a simple majority of those casting ballots vote for dissolution, the MCSC will be dissolved.