CONSTITUTION
Association of Classified Employees
West Virginia State University
Preamble:
The Classified Employees of West Virginia State University adopt the following plan to insure the proper representation and governance of their members. Further, inherent in this plan, lie the rights of autonomy and the responsibilities, direction, sanction, and the insurance of high professional standards, which, in part, define the function of the classified personnel. In accordance with this, the Association of Classified Employees recognizes the West Virginia State University Board of Governors and/or the West Virginia Higher Education Policy Commission as the ultimate authority under law and the President of West Virginia State University as the local official of final responsibility to the Board and the Commission.
Bylaws:
ARTICLE I: Name
The name of this organization shall be the Classified Staff Council of West Virginia State University.
ARTICLE II: Membership
The Classified Staff Council is composed of all employees of West Virginia State University who are hired into a position that is covered under the classification program set out in the Series 8 legislative rule and are defined under the rule as either full-time or part-time. Temporary or contract employees are not eligible for membership. This excludes faculty, the President, and those who report directly to the President. A list of all members of this organization, including their classification, is available upon request to all classified employees through the Office of Human Resources.
ARTICLE III: Functions and Responsibilities of the Classified Staff Council
The Classified Staff Council conducts plenary meetings that will be called by the Chairperson of the Classified Staff Council, hereto referred to as the “Staff Council.” The Staff Council will serve as the representative voice for all Classified Employees at West Virginia State University. Classified Staff Councils were established in state code on March 8, 2003 with House Bill 2224 for the purpose of providing the classified employees at each institution a means to share information and discuss issues affecting them or the efficient and effective operations of their institution with the President of the institution and its Board of Governors.
The Classified Staff Council will elect sector representatives of the Staff Council, the representative to the Advisory Council of Classified Employees (ACCE) and the representative to the West Virginia State University Board of Governors (BOG) in accordance with West Virginia State Code and procedures established by the Staff Council and contained herein. Further, the Classified Staff Council is responsible for maintaining a vehicle for the examination and expression of concerns dealing with the policies and procedures that affect the functioning within the respective classified positions, and to make those concerns known to the President and/or the Board of Governors, and where deemed necessary, members of the WV Legislature.
ARTICLE IV: Staff Council
Section 1: Membership
The Staff Council is composed of ten (10) representatives elected under ARTICLE V, who represent the varying sectors of classified employees in accordance with §18B-6-6.
Two (2) representatives shall be elected from the following five (5) sectors:
1) Administrative/Managerial
2) Professional
3) Paraprofessional
4) Secretarial/Clerical
5) Physical Plant/Maintenance
The Council shall also include ex-officio members including a voting member of the Staff Council, the elected representative to the Advisory Council of Classified Employees (ACCE), and the representative to the West Virginia University Board of Governors (BOG) who shall be a non-voting member of the Staff Council.
Section 2: Quorum
A simple majority of the elected officers constitutes a quorum, which is necessary to conduct official business of the Staff Council. A majority vote of those present is required for the passage of any official Council business or action item. Any question on which a majority decision cannot be reached by the Staff Council will be returned to the general Association of Classified Employees for a vote to be taken and where a simple majority of those present shall rule.
Section 3: Removal from Office
If the elected Chair of the staff council is absent for three consecutive meetings or if a majority of the staff council find the Chair to be neglectful of his/her duties, the Secretary shall be notified in writing and the Chair shall be given due process at the next scheduled meeting. A vote shall be taken by the remaining staff council members to remove the Chair from the Council. The Vice-Chairperson shall be declared Chairperson for the unexpired term and as such will be expected to carry out the duties of the Chairperson position. A sector representative or the Chair may request, in writing, that the Staff Council allow an exception to the absence rule in cases of illness or other reason deemed acceptable by a majority of the Staff Council members.
Section 4: Responsibilities and Duties of the Staff Council
A. The Staff Council shall act in an advisory capacity, and shall have the responsibility of making recommendations related to the concerns of the classified personnel to the University administration, the President, the legislature, and/or the Board of Governors as deemed appropriate.
B. The Staff Council shall strive to promote and/or improve the general welfare and working conditions of all classified personnel being aware and concerned with the subsequent effect upon West Virginia State University as a whole.
C. The Staff Council will consider questions and concerns of any individual or any group of individuals within the classified personnel of West Virginia State University through procedures established by the Staff Council.
D. The Staff Council shall have the power to establish committees and other appointed positions and to establish rules and powers of such committees in accordance within the realms of functioning, membership, and charge.
E. The individual members are responsible to their respective sectors and to the entire classified employees through their representation on the Staff Council.
F. The Staff Council shall act as the official representatives of all classified personnel and will be empowered to transact any and all Council business.
G. To establish procedures for any and all elections of representatives to the ACCE, the BOG and/or the Staff Council as provided in WV State Code.
I. To enforce the By-Laws adopted by the West Virginia State University Association of Classified Employees.
Section 5: Meetings
A) Staff Council
The Staff Council shall meet at least monthly, or at the call of the Chairperson as per §18B-6-6 (e), or at the request of a majority of the Staff Council members. With appropriate notification to the institutional president, the Chairperson may convene Classified Personnel Association meetings for the purpose of sharing information and discussing issues affecting the classified employees or the efficient and effective operations of the institution. Staff Council meetings are not subject to the Open Meetings Law as per §6-9A-3. However, anyone other than a member of the Association of Classified Employees wishing to address the Staff Council, or attend a meeting of the Staff Council, must contact the Chairperson and state the reason for the request. The Staff Council may deny the request with a majority vote if the request is deemed inappropriate, self-serving, or arbitrary.
B) Staff Council meetings with the President
The Staff Council shall meet with the President at least quarterly to discuss matters affecting classified employees. [18B-6-6 (f)]. Any member of the Association of Classified Employees wishing to attend a meeting of the Staff Council with the President should contact the Chair of the Staff Council as well as the President’s Office, at least three working days in advance.
C) Staff Council meetings with the Board of Governors
As per WV State Code, the Staff Council shall meet with the Board of Governors at least annually to discuss matters affecting classified employees and the effective and efficient management of the institution per §18B-6-6 (g). All meetings of the Board of Governors, except when in executive session, are subject to the Opens Meetings Law, as per §6-9A-3.
ARTICLE V. Elections and Terms of Office:
A) All classified employee representative elections shall take place in the month of April of odd numbered years in accordance with procedures established by the Staff Council as per (§18B-6-6 (b). The effective date of the elections shall be July 1 of said year.
B) The Association of Classified Employees will decide prior to any election, if the ACCE and the BOG representative will be the same or two different representatives. If the BOG representative has reached the term limit prescribed in State Code, the Staff Council Chair/Secretary shall notify the members of the Association of Classified Employees in any and all election-related instructions and communications.
C) If the Association of Classified Employees votes to elect a different person to represent them on the Board of Governors, that position shall be elected at the same time and shall serve as an ex-officio, non-voting member of the Staff Council. The Elected member of the BOG shall serve a term of two years and are eligible to succeed themselves, but serve no more than a total of eight (8) consecutive years.
D) The Association of Classified Employees shall elect one representative to the Advisory Council of Classified Employees (ACCE). This position shall be an ex-officio, voting member of the Staff Council as per §18B-6-6 (6) of WV State Code. The Elected member of the ACCE shall serve a term of two years and shall be eligible to succeed him- or herself without limitation, as long as so elected.
E) Two (2) representatives shall be elected from and by the following five (5) sectors:
1) Administrative/Managerial; 2) Professional; 3) Paraprofessional; 4) Secretarial/Clerical;
5) Physical Plant/Maintenance. Employees shall nominate from the floor, members of their respective sectors who must agree to be placed on the ballot.
F) Elected members of the Staff Council shall serve a term of two years and are eligible to succeed themselves.
G) All members of the Association of Classified Employees are eligible to vote for the Chairperson of the Staff Council as per §18B-6-6 (d). The chair shall act as a liaison with the University President, call all meetings, prepare an agenda, and preside over the meetings. The chair, along with the classified Board of Governors representative, shall be responsible for the annual presentation to the Board of Governors. The chair shall vote only when necessary to break a tie vote in any regular or special meetings of the Staff Council or the Association of Classified Employees.
H) The Association of Classified Employees shall elect from its membership, a Secretary. The Secretary shall keep and prepare Minutes of all meetings and distribute them within 15 working days to all classified employees. It shall also be the duty of the Secretary to maintain a list of all members of this organization, including their classification.
I) All elections shall utilize a secret ballot process. Nominations may come from the floor on the day of the election, or through sealed, written communication to the Staff Council Secretary or via electronic method per instructions provided by the Staff Council Chairperson to members of the Association of Classified Employees. Acceptance of nominations by the nominee is the responsibility of the person making the nomination. Members not in attendance shall forfeit their right and privilege to vote. Notice of an election date, time, and location, must be communicated to the Association of Classified Employees at least 10 working days prior to the election. The Staff Council may, at its discretion, hold elections using electronic means as long as exceptions are made for those who do not have access to the internet readily available. Counting of the ballots shall take place by individuals in a different sector and chosen by the Chairperson of the Staff Council immediately following all voting OR totaled through electronic means by at least two members representative of different sectors.
J) Members of the incoming Staff Council shall appoint members to the position of Vice-Chairperson and Treasurer at the first regular meeting after July 1st.
K) The Vice-Chairperson shall preside or otherwise serve in absence of the Chairperson. If the office of Chairperson is vacated or if the Chairperson is unable to serve, the Vice-Chairperson shall be declared Chairperson for the unexpired term and as such will be expected to carry out the duties of the Chairperson position.
L) The Treasurer shall keep accurate and adequate records of all monies in the organization, collection and disbursing same as required and according to the procedures set forth by the Council.
ARTICLE VI. Duties of the ACCE and BOG Representatives
Duties of the Advisory Council of Classified Employees (ACCE) representative shall include:
(a) to serve as a representative for all classified employees under the authority of the Higher Education Policy Commission, herein referred to as the COMMISSION and of the Community and Technical College Council, herein referred to as the COUNCIL in accordance with WV Code 18B-6-1a(i),
(b) to participate in such policy matters of the COMMISSION and of the COUNCIL that affect classified employees,
(c) to provide an avenue of information exchange concerning issues of mutual concern to the classified employees and to the COMMISSION and to the COUNCIL,
(d) to foster a spirit of unity and cooperation among all classified employees under the authority of the COMMISSION and of the COUNCIL in accordance with WV Code 18B-6-1a(i),
(e) to consider methods and means by which employment conditions may be improved and the operating efficiency of the COMMISSION and of the COUNCIL may be increased,
(f) to act in an advisory capacity to the COMMISSION and to the COUNCIL as well as the Legislative and Executive branches of state government on policy matters and working conditions of classified employees,
(g) To report to the Staff Council on meetings of the ACCE and the BOG as per §18B-6-6-(6).
Duties of the Board of Governors (BOG) classified employee representative shall include:
(a) to serve as a representative for all classified employees employed by the West Virginia State
University Board of Governors,
(b) to participate in the development of, and make all classified employees at the institution aware of institutional policy matters affecting classified employees.
(c) to coordinate the classified employee evaluation of the President,
(d) to coordinate, in conjunction with the Staff Council, the annual meeting with the Board of Governors,
(e) to act in an advisory capacity to the Board of Governors on matters affecting classified employees,
(f) to provide BOG agendas to and solicit input from the Staff Council on any relevant issues,
(g) to report to the Staff Council on meetings of the BOG.
(h) to offer to the governing board and/or president methods and means which may offer more efficient and effective operations of the University.
ARTILE VII. Grievance Procedure
The grievance procedure to be utilized by all classified employees is in West Virginia State Code, Chapter 29, Article 6. A copy of this procedure can be found on the Internet at various sites, or can be obtained through the Human Resources Office, or through your sector representative. Your Staff Council representatives may provide advice or forms, or direct you to policy, rule, or law, but are under no obligation to represent you or any employee in a grievance.
ARTICLE VIII. Amendments to these By-Laws
Any and all proposed amendments to this document must be presented to the Staff Council in writing denoting the specific article where the change is requested and the reason for the request. The Staff Council shall discuss the request at the next scheduled meeting of the Staff Council, or at a specially called meeting for that purpose, if warranted. Unless the request is determined to be arbitrary or capricious in nature, or in violation of WV State Code, the request will be presented to the Association of Classified Employees via print or electronic media and within 30 working days, a general assembly will be held to take up the issue. At that general assembly, the request must be presented to the Association of Classified Employees in the form of a motion and must receive the vote of two-thirds of those members in attendance for passage. If the amendment is successful, the article will be revised and the date noted on this document. The Staff Council may also initiate amendments to the By-Laws to keep them current with law or rule, or to change a process or procedure, or to enact new initiatives or to delete outdated or obsolete language or practice. In this case, the Staff Council must propose changes in writing to the Association of Classified Employees with a vote scheduled no less than 30 days thereafter.
ADOPTED: October 1986
West Virginia State University Association of Classified Employees
Revision: July 1994
Revision: April 2013
Revision: September 2015