Meeting 10 April 2, 2003
The Faculty Senate met at 3:15 p.m. in Union 237 A with President Shellie Myers presiding.
ROLL CALL: Twenty-Two Senators and one alternate were present (Stark-Wroblewski for Neal). Also present were President Bobby Patton, and Associate Provost for Academic Programs Elaine Frank-Ragan.
MINUTES: Minutes of the March 5 Faculty Senate meeting were approved.
FS President Myers announced that the following reports would be distributed electronically by noon on Friday: Academic Council, President’s Cabinet, Council of Deans and Academic Affairs General Council.
Myers announced that there would be additional FS meetings April 9 & April 16 for the review of the retrenchment document. Myers asked for senators’ consent to distribute the FS Agenda for April 9 by Friday at noon. Senators granted their consent unanimously. Myers reported that the FS General Elections for 2003-2004 have been completed. The nomination forms for FS President & Vice President will be sent out Thursday, April 03 to returning and newly elected Senators.
Myers opened discussion on the Riley & Eason motion to approve the
Sick Leave and Personal Leave Policy. Morgan asked how the addition of
the Family and Medical Leave Act (FMLA) improved this policy? Albin responded
that the addition provided the benefit of the ability to use sick leave
for an immediate family member’s illness and adoptions. Morgan stated
it is not clear whether they have to take sick leave under this policy.
Albin responded that it is not worded as mandatory but it may be mandatory
to use sick leave before the FMLA. Following discussion Eason moved to
withdraw the motion. Riley agreed. Myers stated she will seek additional
clarification and report to the senate.
Myers opened discussion on the FS Distance Education Committee motion
to the Intellectual Property Rights Policy.
Myers opened discussion on the FS Technology Needs Committee motion to
the Network Security Regulations. Myers reported that the committee has
worked well together and is working without an identified chair. There
was a need to implement the Network Security Regulations when two computer
units from the Mathematics and Computer Science Department were flagged
for copyright infringement activity as identified in the Digital Millennium
Copyright Act. This was the first time the university had received that
kind of report from a university owned computer. Myers reported she has
been working with the FS TNC electronically and consulted with Judith
Siminoe, Russ Helm, Mel Gross, Ed Davenport and Curtis Cooper to review
implementation procedures before Senate action on the Regulations. Davenport
and Cooper had communicated they were satisfied with the overall progress
and did not ask the Senate to delay its consideration of the Regulations.
Raveill asked if we would still be able take down our discipline specific
software in Shareware program. Eric Honour, FSTNC, member responded, yes
and referred to item C. 2. Morgan asked what parts of the policy are tracked?
Honour responded they would be tracking for DMCA violations involving
contract or license. Morgan asked, is there a machine or person doing
the tracking. Honour responded in his experience most of the tracking
is done by machine.
Myers introduced Jeff Yelton, Chair of the FS Salary & Fringe Benefits
Committee. Yelton distributed and referred to the FS S&FBC report.
Myers reported that Yelton and members of the FS S&FBC has been working
with Provost Carter in developing implementation procedures for the new
faculty compensation model. A report with recommendations and action items
will be made to the Senate at the April 23 FS meeting. Myers opened the
floor for questions. After a request, Yelton stated he would forward the
distributed report electronically to the Faculty Senate office for distribution
to all Senators electronically. Laster referred to section Establishing
Funding Priorities item 2) and asked is this designed to bring faculty
within the ranges identified in the compensation policy? Yelton responded,
yes. Eason referred to the funding priorities and expressed concern that
the Salary Lower Range Adjustment is before Promotions.
The meeting was adjourned at 5:40 p.m.
Meeting 11 April 9, 2003
The Faculty Senate met at 3:15 p.m. in Union 237 B with President Shellie Myers presiding.
ROLL CALL: Twenty senators and three alternates were present (Stark-Wroblewski for Bigby, Wilson for Palmer, and Lynam for Riley). Also present was Provost Kyle Carter.
Senator Som Sarkar reported on the Strategic Planning and Resource Council (SPRC) and distributed two documents; Budget FY 2004 Scenarios and CMSU Strategic (cost) Initiatives for FY 2004 on Accreditation, Enrollment, and Compensation. Sarkar reviewed the documents and related that all areas are under discussion. Sarkar stated that nothing is finalized we are looking at everything carefully before the SPRC makes their recommendations. Sarkar reported that the idea of a soft freeze on hiring was proposed. Sarkar explained that a soft freeze does not mean that all positions would be frozen but that positions would be carefully evaluated. Provost Carter will take it to the Executive Council. Senator Kamal asked about the final line on the Budget Scenarios handout, Base Departmental Budget Reductions. Sarkar responded that the general understanding of the SPRC at this time is that reductions would be on a percent basis. Carter explained that the language, Base Departmental Budget Reductions, referred to all University units rather than individual academic departments. Senator Callahan stated that she would like to caution the committee about individuals promoted this year receiving greater salaries than incumbents. Myers responded that the recommendation for compensation comes from the FS Salary and Fringe Benefits Committee not the SPRC and the comment will be forwarded to the FS S&FBC. The Provost stated that this has been discussed within the FS S&FBC.
FS President Myers asked for the consent of the Senators to distribute the FS Agenda for April 16 on April 11 by noon. All Senators consented. Myers announced that the Faculty Senate, Support Staff Council and Professional Staff Council will be collecting spare change for Habitat for Humanity through April 15. The Faculty Byler Award Reception is Thursday, April 17 at 3:30 in the Art Gallery. Myers stated she hoped to see all Senators at the reception to recognize and celebrate Senator Morgan’s achievements. Myers congratulated Morgan on the well deserved award.
Morgan referred to the Council of Deans report distributed electronically and asked if the work load compensation document that the deans are working on will be made available to faculty for comment. Provost Carter responded that it is an updated document, not a new one. Carter will forward a copy of the document (AP & R4 Faculty Load Compensation) to Morgan. Callahan referred to the chairs compensation and asked for explanation to the statement in the report, “Some drafts have suggested that faculty who have served for a certain number of years as department chairs should retain their chair salary or a portion of it when/if they are no longer chairs”. Carter responded that the Academic Council proposed that the chairs compensation be refigured so that instead of being paid 11 months of their academic salary as a base, they receive 12 months. Carter explained there are differences in how chairs’ salaries are figured and the request for review is being conducted by a group of deans.
Sarkar referred to item B. Retrenchment procedures shall be activated when it becomes necessary to implement plans to terminate tenured faculty or eliminate more than 3.5% of the total full-time budgeted positions….Sarkar asked if the 3.5 % of budget positions include staff positions. Myers responded, no. Blunt explained the reference to the budget positions are the faculty positions reported to the Coordinating Board.
Eason referred to item C. Circumstances Necessitating Retrenchment second sentence (Four circumstances may occasion reduction in the faculty staffing levels of Central Missouri State University. Any one of the following factors may require retrenchment) and moved to replace the word may to will. Motion was seconded by Atkinson. After discussion, the motion to amend failed with 7 yes votes, 13 no, and 2 abstentions.
Eason referred to item I. (4) Cost and Cost Effectiveness. Eason moved to re-insert the question. “If the program is by definition high cost, how do the cost of this program at this institution compare with the cost of similar programs on similar campuses?” Seconded by Laster. Amendment passed with 21 yes votes, 1 no and 0 absentations.
Eason referred to item B. Academic Review Board—Non-Voting Members: One graduate student chosen by the Graduate Council. Following an explanation, Eason moved to change Graduate Council to Graduate Student Association. Seconded by Atkinson. Amendment passed unanimously.
Eason referred to item II. Program Integrity and Termination Criteria.
1. Faculty turnover. b. Early retirement with one-third teaching. (See
the Faculty Guide). Eason expressed concern that she could not find reference
to “early retirement with one-third teaching” in the printed
Faculty Guide. Myers reported that Eason had identified this concern earlier
and the process to track and determine what happened to the early retirement
with one-third teaching would begin tomorrow. Young moved to change b.
to read: Early Retirement. Seconded by Atkinson. Following discussion
the amendment failed with 4 yes votes, 12 no votes and 4 abstentions.
Discussion on the section continued. Myers stated that information on
the early retirement with one-third teaching will be found and reported
at the next FS meeting.
The meeting was adjourned at 5:02 p.m.
The Faculty Senate met at 3:15 p.m. in the Undercroft with President Shellie Myers presiding.
ROLL CALL: Sixteen Senators and four alternates were present (Ament for Laster, Heming for Zupnick, Lyman for Riley and Wilson for Callahan). Also present were Provost Kyle Carter, and Associate Provost for Academic Programs Elaine Frank-Ragan.
MINUTES: The Faculty Senate minutes of April 2, 2003 were approved.
Myers reported the Board of Governors met and received a legislative update via the telephone. The Senate Appropriations Committee expects to send forth their recommendations for the budget by the end of the working day, April 17, 2003. The current projection for higher education is a base cut of roughly 10%, which is approximately 6 million dollars for CMSU. Myers called attention to the MOSERS Retirement Proposal update sent from Dr. Albin’s office. Myers reported that the early retirement incentive changed and if you are within three years you can purchase three years to qualify. Previously, the proposal was to give three years to those who were already eligible for retirement. Morgan asked how many does this effect. Provost responded 103.
Myers asked for consent to distribute the FS Agenda for April 23 on April 18 by 5 p.m. The FS Executive Committee was not scheduled to meet until 2 p.m. on April 18 due to the conflict with the Byler Awards Reception. All were in agreement.
Myers reported on item II. C. 1. Faculty turnover. b. Early retirement with one-third teaching. (See the Faculty Guide). Myers stated that Dorothy Anderson located the materials within the Faculty Guide under Section III, item I. Retirement reference 22.2.080. Myers reported that the number was a cross-reference to the section that was to be linked within the on-line version. Attempting to cross-reference sections of the Faculty Guide that were used infrequently was designed to reduce the number of printed pages; however, Myers stated that Senator Eason was correct if you can’t access the item it is a problem. Eason moved to amend item 1. Faculty turnover to read a. Retirement including reduced service, phased retirement and/or retirement incentives as available. Seconded by Atkinson. Passed unanimously.
Morgan referred to Appendix B-Reassignment item B. Reassignment to Another Program [second to last paragraph of section] If a faculty member is reassigned to another department on a permanent and full-time basis, then he/she shall continue to hold the same tenure status.... Following discussion Morgan moved to remove the words the same and end sentence with tenure status. Seconded by Atkinson. Eason made friendly amendment to remove the second to the last paragraph and amend the first sentence of the last paragraph to read: A faculty member reassigned to another academic department on a permanent, full-time basis shall retain his/her same rank, salary and tenure status. Seconded by Atkinson. Passed with 16 yes votes, 3 no votes and 0 abstentions. Myers stated that she will ask the FS Faculty Personnel Policy Committee to review this portion of the document and report back to the Senate at the next FS meeting.
Eason referred to item IV. RIGHTS OF FACULTY MEMBERS SCHEDULED FOR TERMINATION. All faculty members selected for termination have the right to the timely notice requirements set forth in the Faculty Guide. Eason reported that she could not find this reference in the Faculty Guide. Myers reported that she sought clarification to the question from University General Council who stated there is not a specific piece that addresses this. Further, the interpretation then would have to follow what is in the Promotion and Tenure document under probationary period. Concerns expressed by Senators were: What does timely notice mean and is it the same for tenure-track verses non-tenure track. Myers stated she will send the comments to the FS FPPC for clarification.
Eason referred to the Appendix and stated that several times the word same is typed as some. Atkinson referred to Appendix B-Reassignment B. Reassignment to Another Program and asked if the FS FPPC would investigate the use of program verses department. Myers stated she would send concerns to the FS FPPC.
Morgan moved to approve the sections of the Retrenchment Policy as amended today. Seconded by Sundberg. Passed with 17 yes votes, 0 no votes and 1 abstention.
Myers opened discussion on the Riley & Eason motion to the Sick Leave
and Personal Leave Policy. Motion: The Faculty Senate approves the Sick
Leave and Personal Leave Policy. Myers reported that the FS EC asked to
insert CMSU before Employment Guidelines in item G for clarification.
All Senators agreed to the addition. Morgan expressed her previous concern
regarding use of FMLA and the intent of the policy. Myers stated that
implementation of the policy was guided by regulations of the FMLA and
item G was added in an attempt to recognize such. The amended motion:
The Faculty Senate approves the Sick Leave and Personal Leave Policy with
CMSU added to item G.
Myers opened discussion on the FS Technology Needs Committee motion to
the Network Security Regulations.
Myers announced that the FS Agenda for April 23 is full. For those who are returning Senators for the 2003-2004 academic year, additional meetings may be scheduled.
The meeting was adjourned at 4:18 p.m.
Meeting 13 April 23, 2003
The Faculty Senate met at 3:15 p.m. in Union 237A with President Shellie Myers presiding.
ROLL CALL: Twenty two Senators and one alternate were present (Ament for Bigby). Also present were Provost Kyle Carter, and Associate Provost for Academic Programs Elaine Frank-Ragan.
MINUTES: The Faculty Senate minutes of April 9, 2003 approved as amended.
Eason referred to the proposed change in the Grievance Committee charge. Mary Ragland, chair of the FS Grievance Committee stated that the attorney selected would be a non-voting member. Approved unanimously.
Eason reported that the CoC had discussed review of the FS Undergraduate
Exceptions Committee. FS UEC had reported that the Committee serves a
valuable function, completes its tasks in an efficient manner, and sees
no need for change in its function at this time. Eason reported that the
CoC supported their recommendation unanimously. Following discussion,
Eason moved that the Faculty Senate, at the recommendation of the Faculty
Senate Committee on Committees, affirms the need for the Faculty Senate
Undergraduate Exceptions Committee and affirms the Committee’s current
function as stipulated in its charge. Seconded by Atkinson.
Eason referred to the FS Committee Policy & Procedure Manual Report.
Eason stated that the Faculty Senate Office has on file Policy & Procedures
for FS Committees that are available for newly elected chairs. An updated
report on received manuals was distributed at the meeting.
Myers referred to the revisions to item IV. Rights of Tenured Faculty Members Scheduled for Termination. As addressed at the last FS meeting, the problem was that reference to a timely notice referred to probationary faculty rather than tenured faculty. Blunt reported that feedback from General Counsel indicated the reference to the Faculty Guide would be appropriate and provide consistency. Blunt stated that one option discussed by the FS FPPC was to define timely notice. Eason asked why probationary faculty was not included in the recommendation. Blunt explained that this procedure applies to only tenured faculty. Morgan moved to change the opening paragraph to read: All tenured faculty members recommended for termination will receive no less than a one-year terminal contract as notice and have the right to use the University’s job placement and counseling services without charge during the notice period. Motion to amend was seconded by Atkinson. Senator Ament stated that the one-year terminal contract may not be sufficient notice and suggested it be 18 months. No changes to the proposed motion followed. Amendment passed with 18 yes votes, 1 no and 1 abstention.
Eason referred to Appendix B-Reassignment last paragraph. Eason addressed a concern expressed by Senator Davis at the last meeting regarding a reassigned faculty member who had not yet been awarded tenure. Eason moved to add to the last paragraph the following language to address the concern: That department shall also determine when a reassigned faculty member who had not yet been awarded tenure in the home department is eligible to receive tenure in the new department; in no case, however, shall the probationary period exceed five years. Motion to amend was seconded by Senator Sundberg. Amendment passed with 16 yes votes, 4 no and 2 abstentions.
Myers expressed a concern with the language of the first sentence; last paragraph …shall retain rank, salary, and tenure status. Since salary is now comprised of base, market and merit, a simple reference to salary seems inappropriate. Following discussion, Atkinson moved to amend language in the last paragraph to read: A faculty member reassigned to another academic department on a permanent, full-time basis shall retain rank, tenure, and salary except the market portion. The market portion of the salary will be reevaluated following the guidelines in the faculty compensation procedures. The department to which the faculty member is reassigned shall determine when the faculty member is eligible for promotion and for merit pay. Seconded by Riley. Amendment passed with 16 yes votes, 2 no and 3 abstentions.
Sundberg moved to approve the amendments made to the Retrenchment Policy & Procedures. Seconded by Neal. Passed with 18 yes votes, 1 no and 2 abstentions.
Myers explained that we have approved amendments to the document at each meeting and the next step is to approve the entire document. Myers asked for any final comments from FS FPPC Chair, Blunt or other interested parties. Hearing no comments, Myers announced that in the interest of time final discussion would be limited to voting members of the FS. Atkinson referred to item C. Circumstances Necessitating Retrenchment, second sentence; Four circumstances may occasion reduction in the faculty staffing levels of Central Missouri State University. Any one of the following factors may require retrenchment and made a motion to rescind a previously voted provision. That provision is to replace the word may with will since that time concerns have been expressed about the language. Myers asked is there a second to rescind our previous action. Seconded by Norwood. Following discussion for clarification the motion passed with 17 yes votes, 1 no and 3 abstentions. Myers stated that any other items we have previously addressed should be addressed before our final action on the document. No other previously addressed actions were offered for consideration.
Eason moved that the Faculty Senate approve the Retrenchment Policy & Procedures as amended. Seconded by Sundberg. Senator Raveill moved to amend item C. Circumstances Necessitating Retrenchment second sentence to read: The president with consultation from Faculty Governance groups will declare a state of retrenchment if any of the following occurs. Seconded by Riley. Motion to amend failed with 1 yes vote, 11 no and 7 abstentions. Myers restated the motion:
The Faculty Senate approve the Retrenchment Policy & Procedures as
Myers opened discussion on the FS Distance Education Committee motion to the Intellectual Property Rights Policy and review of section III E. Atkinson moved to re-address the FS Distance Education Committee motion to the Intellectual Property Rights Policy. Seconded by Morgan. Passed with 19 yes votes, 0 no and 1 abstention. Laster reported that efforts to draft the section in question were still underway; he moved to add to section III. E of the FS DEC motion to read the Faculty Senate adopt the attached Intellectual Property Rights Policy (except sections III. C, D, and E which are under review). Seconded by Atkinson. Passed with 18 yes votes, 0 no and 2 abstentions.
The Faculty Senate adopt the attached Intellectual Property Rights Policy
Prudent financial planning for institutions involves developing contingencies
in case budgeted cash flows do not materialize. In these difficult times,
it would be wise for the university to continue to develop budget scenarios
that could be enacted quickly should the need arise and to call on academic
departments to gather data and prepare documentation that would be required
if a retrenchment process were necessary.
Myers introduced George Millen, chair of the FS Budget Advisory Committee. Millen reported on the budget recommendations from the FS Advisory Committee. Eason asked if the committee listed the recommendations in a priority by rank order. Millen responded that the committee based their recommendations on what came out of the FS Salary & Fringe Benefits Committee. Millen encouraged the Senate to delay action until state funding levels are known.
Myers introduced Jeff Yelton, chair of the FS Salary & Fringe Benefits Committee. Discussion regarding action followed to determine if there was sufficient time to address the recommendations. Myers asked Yelton if the recommendations would possibly change if we experience another significant cut to base funding. Yelton responded he was unsure. Eason moved to postpone the report indefinitely. Laster seconded. Passed with 12 yes votes, 7 no and 1 abstention.
Myers expressed her thanks to the Faculty Senate and members of the Executive Committee.
The meeting was adjourned at 5:09 p.m.
SEATING OF THE 2003-2004 Faculty Senate
Myers opened the floor for nominations for the Faculty Senate President. Miller nominated Senator Sue Sundberg seconded by Neal. Yates moved to close the nomination, seconded by Bersin. Neal asked for approval by acclimation. Senator Sundberg was approved as FS President by unanimous acclamation. President Sundberg conducted the remainder of the meeting. Sundberg opened the floor for nomination for FS Vice President. Morgan nominated Senator Riley, seconded by Myers. Senator Riley was approved by acclamation.
Senators caucused and brought forth nominations for the FS Executive Committee membership. Those nominated, seconded and approved unanimously were: EHS-Linda Bigby (contingent upon her agreement), HCBA-Jo Koehn, CAST-Susan Morgan, A&S-Som Sarkar, and L/AE-Steve Ciaffullo.
Sundberg opened discussion on the Riley & Miller motion. Bersin moved to amend the May 7 FS meeting start time from 3:15 to 4:15 due to a conflict with the schedule for giving final exams. Seconded by Miller and approved unanimously.
The Faculty Senate and the FS Executive Committee be available for meetings
on the following dates:
For: 19 Against: 0 Abstentions: 0 PASSED (2003-2004-1)
Raveill asked if the Faculty Senate Office would be opened in the summer. Myers stated that Chris Hayward, FS Office Professional has accepted another opportunity in the community and her last day is May 9. Myers thanked Hayward for her assistance and professional excellence in running the office.
The meeting was adjourned at 5:32 p.m.
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