By-Laws - College Council

(Modified and Approved April 23, 2007.) (Update posted below May 4, 2007.)

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Article 1. Name

The official title of the shared governance body for the Ohlone Community College District shall be the Ohlone College Council.

Article 2. Purpose

1. The purposes of the Ohlone College Council, in keeping with Board Policy, are as follows:
   1. To ensure that appropriate members of the district participate in developing recommended policies for Board of Trustee’s action.
   2. To ensure that appropriate members of the district participate in developing recommended administrative procedures for the college President’s action.
2. The purposes of the Ohlone College Council, in keeping with direction of the President/Superintendent for shared governance of the college, are as follows:
   1. To ensure that appropriate members of the district participate in developing recommended college annual budgets, annual strategic plans, new programs and services, and major facilities planning prior to their adoption by college officials.
   2. To ensure that all members of the college community have access to information regarding ongoing developments and issues and that there is an open forum for full participation in decision-making of areas defined under Board and State policy, as well as administratively and mutually agreed shared governance matters.
3. Responsibilities of the Council will include recommendations on the following:
   1. Board Policy
   2. District Administrative Procedures
   3. Annual Budget
   4. District Strategic Plan
   5. Accreditation Self-Study
4. The Council meets the requirements of AB 1725 and Board Policy.
5. In matters concerning "Academic-Professional Matters" (Title V, 53200), the Administration relies primarily on the advice and judgment of the Academic Senate.

Article 3. Membership

1. Membership of the Ohlone College Council includes 15 voting and 3 ex-officio members. Composition of the Council is as follows:
   1. Six faculty, appointed by the Faculty Senate.
   2. Two students, appointed by the Associated Students of Ohlone College (ASOC).
   3. Four classified staff:
      1. Two classified staff appointed by CSEA
      2. Two classified staff appointed by SEIU
   4. Three administrators, appointed by the President/Superintendent (one each from the following):
      1. Academic Administrator
      2. Classified Administrator
      3. Confidential Staff
   5. Three ex-officio (non-voting) members:
      1. College President/District Superintendent
      2. Vice President for Instruction & Student Services/Deputy Superintendent
      3. Vice President for Administration & Technology/Deputy Superintendent
2. The Assistant to the President serves as note-taker for all College Council meetings.
3. The term of office for each Council member begins and ends with the Spring semester College Council retreat (usually held near the end of May). Both outgoing and incoming Council members attend the Spring Council retreat. In the event no such retreat is scheduled, terms shall expire and commence on the last scheduled meeting date of the academic calendar. Voting commences with the first meeting following the Spring Council retreat for new members (incoming members) and it is agreed that Council retreats are “non-voting” meetings. (Amended 07/12/06)
4. Each constituency group determines the length of term for each Council member.
5. Each constituency group determines their own alternate members.
6. Any Council vacancies are filled by the constituent group responsible for making the appointment for that seat.

Article 4. Officers

1. College Council meetings and other activities are facilitated by two Co-Chairs.
   1. The President/Superintendent (non-voting)
   2. One Council member, nominated by the Council and elected by a majority vote of the Council membership.
   3. In order to preserve maximum participation and representation at Board of Trustees meetings, the College Council Co-Chair shall not serve, simultaneously, as the Chair or President of Faculty Senate, or any negotiating unit. (Amended 04/28/06)
2. Either co-Chair may preside over meetings during the absence of the other Co-Chair.
3. The elected Co-Chair continues to be regarded as a representative, and counts toward the representation total, of their respective constituent group.
4. To be nominated as Co-Chair, a person must have served at least one year on College Council and be appointed to serve for the year in which they are nominated. (Amended 04/23/07)
5. At the first meeting of College Council for the new academic year, the Council members who will be serving in that year will elect a Co-Chair from amongst their membership. (Amended 04/23/07)
6. The elected Co-Chair serves a one-year term and can be re-elected.
7. Vacancies in the elected Co-Chair position shall be filled using 4(a)(ii).
8. The elected Co-Chair acts as a mentor to student Council members regarding Council business and participation.

Article 5. Meetings

1. The College Council conducts all meetings in open session and public comment is facilitated as a general agenda item at every meeting, as well in the discussion of issues before the Council.
2. A quorum, consisting of any number of voting members greater than one-half, is required for any College Council decision.
3. Meetings are scheduled a minimum of once per month.
   1. The College Council membership decides by consensus the day, time, and length of Council meetings.
   2. The Council reserves the right to cancel and/or reschedule any Council meeting that conflicts with the needs of the Council. (I assume this is the intent, and not that the Council could cancel other people’s meetings).
   3. Any cancellation or rescheduling of a Council meeting, except in the event of an emergency, requires 72 hours prior notice to the college community.
4. Official minutes and meeting notes of actions taken by the College Council shall be maintained and distributed through posting on the college web site.
5. Two day-long College Council retreats will be held each year. One will be held in the Fall on the Wednesday before Fixed Flex and the other will be held on in Spring on the Wednesday before Fixed Flex.

Article 6. Agendas

1. College Council agendas are constructed by the President/Superintendent and the elected co-Chair.
2. Items are placed on the agenda are based on project schedules, District initiatives, and requests from College Council members or members of the college community.
   1. Items for the Agenda must be submitted one week prior to the meeting at which it will be presented as information.
   2. All non-emergency items are placed on the next available agenda as information items.
   3. Persons bringing information items to the Council should make copies of relevant materials to distribute before, or at least during, the information meeting.
   4. Information items the Council wishes to address are forwarded to the next available agenda as action items.
   5. Items may be declared an emergency and put on the agenda at any meeting by a two-thirds (2/3) vote of the Council quorum.
   6. Persons knowing of emergency items after the Council agenda is published, but before the next Council meeting, are requested to alert the Council Co-Chairs.
3. Agendas of College Council meetings are published to the college community at least 3 days in advance of each meeting through posting on the college web site.

Article 7. Committees

1. The Ohlone College Council may establish one or more Council subcommittees, consisting of one or more Council members, with such duties and responsibilities as the Council deems appropriate.
2. In as much as the College Council represents the only District-wide deliberative body, including but not limited to negotiation units, and includes representation from all the campus constituencies, it also acts as the Strategic Planning and Budget Committee for Ohlone College.
3. These responsibilities, at times, may be directed to sub-committees of the Council, which are created by direction of the Council. Sub-committee results are regularly reported to the Council for consideration and recommendation to the President/Superintendent.
4. In addition to the above responsibilities, the Council is the umbrella organization for the Task Forces at Ohlone College.
   1. The purpose of the Task Forces is to make recommendations and develop plans for how the college can achieve Institutional Goals.
   2. Task Forces are co-chaired by appointees of the Council after consultation with the President/Superintendent.
   3. Membership of Task Forces is appointed by the constituency/representative groups.

Article 8. Parliamentary Authority

1. The College Council uses Robert's Rules of Order to govern the proceedings and conduct of Council meetings.
2. These Council By-Laws recognize the special relationships mandated by Title V, AB1725 and the Ed Code between the Board of Trustees and the faculty, staff, and students.
3. These Council By-Laws do not detract from the rights and responsibilities of unions or the Faculty Senate to address the President or the Board of Trustees directly on items within their scope, nor are these procedures meant to detract from any negotiations or negotiated agreement between collective bargaining units and the Board of Trustees.
4. The College Council organizes its work and deliberations according to other standards and procedures it shall develop as it deems necessary.

Article 9. Amendment of By-Laws

1. Any member of the College Council may propose an amendment to the By-Laws.
2. These By-Laws can be amended with a 2/3 vote of the members present ,if notice has been given during the prior meeting. Otherwise, it requires a majority of the entire Council membership to amend any By-Law.
3. After these By-Laws have been in effect for one year, the College President, Administration, Faculty Senate, and ASOC shall review the By-Laws and consult collegially, at which time the By-Laws may be amended in accordance with the Amendment Provision herein.