| 120. |
Modification of Legislation |
|
(A) |
Due Notice and Review. Subject to
the provisions of Divisional Bylaw 10(B) and Senate Bylaw 310 and 311, legislation of the
Division may be modified at any meeting of the Legislative Assembly provided that the
language of the proposed modification and its consistency with existing Divisional and
Universitywide legislation have been reviewed by the Committee on Rules and Jurisdiction
and written notice has been sent to each member of the Division at least five calendar
days prior to the meeting. |
|
(B) |
Jurisdiction of the Division.
Modification of legislation substantially affecting more than one Division is
effective only upon approval by the University Senate Assembly. [See Senate Bylaw 310] |
|
(C) |
Requisite Majorities. Modification
of Divisional Bylaws requires two-thirds affirmative vote of the voting members present at
a meeting of the Legislative Assembly, or two-thirds of those voting in a mail ballot.
Divisional Regulations may be modified with the approval of a majority of the voting
members present at such a meeting, or a majority of those voting in a mail ballot. |
|
(D) |
Formal Presentation. All proposed
legislation presented to Legislative Assembly shall be accompanied by a statement of the
purpose and effect of the proposal, the existing text of legislation to be repealed or
modified, and the text of the proposed legislation to be adopted. |
|
(E) |
Effective Date. Legislation
becomes effective upon the expiration of the period of time allowed for submission to a
mail ballot as prescribed in Divisional Bylaw 155, or a subsequent date specified in the
legislation. If a mail ballot is conducted, the legislation becomes effective when
approved by the mail ballot, or on the subsequent specified date. [Am 11 Apr 79] |
| 125. |
Suspension of Regulations. On
recommendation of a committee of the Division, any Divisional Regulation concerning
students may be suspended in individual instances only by a three-fourths vote of the
voting members present at any meeting of the Legislative Assembly. |
| 130. |
Meetings |
|
(A) |
Regular meetings of the Legislative Assembly.
The Legislative Assembly meets regularly four times between the first day of
instruction of the fall term and the last day of instruction of the spring term
each year, with at least one meeting occurring per quarter. Dates for each year's
meetings are set at the last regular meeting of the preceding academic year by the Chair and the Secretary
of the Division. Scheduled meeting may be canceled by the Chair if there is not sufficient
business. [Am 9 Oct 84, Am 17 Nov 98] |
|
(B) |
Special Meetings of the Legislative Assembly.
A special meeting of the Legislative Assembly may be called by the Chair of the
Division at any time during the academic year. At the written request of 15 voting members
of the Legislative Assembly, a special meeting must be called by the Chair, or in case of
the Chair's absence or disability, by the Vice Chair. |
|
(C) |
Meetings of the Division. A
meeting of the Division may be called by the President of the Senate or the Chair of the
Division at any time during the academic year. A meeting of the Division must be called by
the Chair, or in case of the Chair's absence or disability, by the Vice Chair, at the
request of the Chancellor, a majority vote of the Legislative Assembly, or on petition of
200 members of the Division. |
|
|
(1) |
Meetings of the Division may be called to
consider reports and recommendations from local or University Senate and administrative
officers and agencies, Memorials to the Regents, petitions of students, or referenda
proposed by the Assembly of the Academic Senate. Legislation may not be adopted, modified
or repealed at meetings of the Division. [See Divisional Bylaw 10(A)(1)] |
|
|
(2) |
Action taken at a meeting of the Division may be
submitted to a mail ballot in accordance with the provisions of Divisional Bylaw 155. |
|
|
(3) |
A quorum consists of 200 voting members of the
Division. |
|
|
(4) |
The order of business is specified in Divisional
Bylaw 135(B). |
|
|
(5) |
Students may attend meetings of the Division as
provided in Divisional Bylaw 55(G)(2) and 130. |
| 135. |
Rules of Order. All meetings of
the Division and the Legislative Assembly are governed by the procedures specified below. |
|
(A) |
Regular Meetings of the Legislative Assembly |
|
|
(1) |
Roll Call |
|
|
(2) |
Minutes |
|
|
(3) |
Announcements by the President and the Chancellor |
|
|
(4) |
Other Announcements |
|
|
(5) |
Consent Calendar [See Divisional Bylaw 140(A)(2)] |
|
|
(6) |
Special Orders |
|
|
(7) |
Reports of Special Committees |
|
|
(8) |
Reports of Standing Committees and Faculties |
|
|
(9) |
Petitions of Students |
|
|
(10) |
Unfinished Business |
|
|
(11) |
University and Faculty Welfare |
|
|
(12) |
New Business |
|
|
This order of business may be suspended by a vote
of two-thirds of the voting members present. |
|
(B) |
Meeting of the Division and Special Meetings
of the Legislative Assembly |
|
|
(1) |
Minutes |
|
|
(2) |
The special business of the occasion |
|
|
(3) |
Any other business authorized by unanimous
consent of the voting members present. |
|
(C) |
Special Orders |
|
|
(1) |
Degree Reports. Consideration of recommendations
for undergraduate and graduate degrees are a special order at any meeting of the
Legislative Assembly to which they are presented. |
|
|
(2) |
Annual Reports. Annual reports of standing
committees are a special order at any meeting of the Legislative Assembly to which they
are presented. |
|
|
(3) |
Memorials. A Memorial to the Regents transmitted
to the Division or initiated by the Division shall be submitted for immediate discussion
as a special order at a regular meeting of the Legislative Assembly, or at the Chair's
discretion, at a meeting of the Division. |
|
(D) |
Authority in Question of Order.
The rules contained in the current edition of Sturgis' Standard Code of
Parliamentary Procedure shall govern in all cases not covered by these Bylaws. |
| 140. |
Agenda and Minutes of Meeting |
|
(A) |
The Call for a Meeting |
|
|
(1) |
Except as otherwise determined by the Chair in
the event of an emergency, at least five calendar days before each meeting of the Division
or the Legislative Assembly, the Secretary of the Division shall send at least one copy of
the Call to the meeting, together with all pertinent documents, to the President of the
Senate, to all members of the Legislative Assembly, to the student body presidents, to the
executive offices of other Divisions, to the Secretaries of the Academic Senate of the
University of California, to each member of the Divisional Committee on Rules and
Jurisdiction, and to each member of the University Committee on Rules and Jurisdiction.
Except as otherwise determined by the Chair in the event of an emergency, at least seven
calendar days before each meeting of the Division or the Legislative Assembly, the
Secretary of the Division shall send to every member of the Division the agenda from the
Call to the meeting, together with information about how to obtain a full printed or
electronic copy of the complete text of the Call to the meeting and the minutes of the
meeting. The Call shall include the text of any proposal to be brought before the Division
or the Legislative Assembly for final action. The Call for a Legislative Assembly meeting
shall also include the text of any legislation to be modified and a statement of the
purpose of the proposal and its effect on existing legislation. [Am 18 Nov 97] |
|
|
(2) |
Agenda items for a meeting of the Legislative
Assembly deemed non-controversial by the Chair of the Division, in consultation with the
Secretary and the chairs of the committees concerned, may be placed on a Consent Calendar
and so identified in the regular Order of Business by an asterisk. Approval of all items
on the Consent Calendar requires a single unanimous vote called for as the first order of
business following announcements. At the request of any member of the Legislative Assembly
prior to or at the meeting, any such Calendar item must be withdrawn and considered in its
regular order on the agenda. |
|
|
(3) |
The Call for a special meeting of the Legislative
Assembly or for a meeting of the Division shall contain a statement of the purpose of the
meeting. |
|
|
(4) |
Action on Items not in the Call. Approval of
two-thirds of the voting members present at a meeting of the Division or the Legislative
Assembly is required for final action to be taken on any non-legislative item of business
not included in the Call for the meeting. Final action is not authorized on legislation
[See Divisional Bylaw 115(C) definition of term legislation], not included in the
Call to a meeting of the Legislative Assembly. |
|
(B) |
Minutes. Prior to the subsequent
meeting of the Division or the Legislative Assembly, the Secretary of the Division shall
send at least one copy of the minutes of the meeting to the President of the Senate, every
member of the Legislative Assembly, the student body presidents, the executive offices of
the other Divisions, the Secretary of the Academic Senate of the University of California,
the Divisional Committee on Rules and Jurisdiction, and each member of the University
Committee on Rules and Jurisdiction. The Secretary shall send to every member of the
Division information about how to obtain a printed or electronic copy of the Minutes, as
specified in Divisional Bylaw 140(A)(1). [Am 18 Nov 97] |
| 145. |
Memorial. There are two kinds of
Memorials: Memorials to the Regents and Memorials to the President. [See also Divisional
Bylaw 135(C)(3) and Senate Bylaws 90 and 311] [Am 18 Nov 97] |
|
(A) |
Memorials to the Regents: The
Division may initiate Memorials to the Regents on matters of Universitywide concern to be
submitted to the Regents through the President as prescribed in Senate Bylaw 90(B). A
proposed Memorial to the Regents may be forwarded to the Assembly only after its
consideration and adoption at a meeting of the Division. [See also Divisional Bylaw
135(C)(3) and Senate Bylaw 311] [Am 18 Nov 97] |
|
(B) |
Memorials to the President: The
Division may submit Memorials to the President directly to the President with copies to
the Assembly of the Academic Senate, University of California. [Am 18 Nov 97] |
| 150. |
Elections. Procedures for
elections by mail or electronic online ballot in the Los Angeles Division and its agencies are governed by
Senate Bylaws 30, 95, 340(A), and the following provisions: [Am 19 Jan 88,
08 Apr 03] |
|
(A) |
Annual Elections. Annual
Divisional elections occur in time for relevant results to be reported to the Division in
the Spring quarter. [Am 9 Oct 84] |
|
(B) |
Conduct of Elections. The
Elections Commissioner supervises elections for the Los Angeles Division and certifies
results to the Secretary of the Division, who reports the results to the Division.
Elections by Faculties of schools and colleges are conducted by the appropriate Secretary
under such supervision as the Faculty determines. |
|
(C) |
Election of Legislative Assembly Members.
The election of representatives to the Legislative Assembly is conducted by the
Chair of the relevant Senate Electoral Committee (105), under the oversight and authority
of the Elections Commissioner of the Los Angeles Division. [Am 25 Apr 95] |
|
|
(1) |
Notice of Election. No fewer than 45 calendar
days prior to the date specified by the Elections Commissioner as the deadline for
balloting, the Secretary of the Los Angeles Division sends to each voting member of the
Division a notice of election in his or her constituency together with a description of
the constituency, a tally of the seats to be filled, and the name of the current Chair of
the Senate Electoral Committee. [Am 19 Jan 88, 25 Apr 95] |
|
|
(2) |
Nominations and Voting. As provided in Bylaw 105,
each constituency determines its own procedures for nomination and voting, which require
the approval of the Elections Commissioner and may not be changed without a formal vote,
preceded by appropriate notice. In all cases, the vote shall be by secret ballot. [Am 19
Jan 88, 25 Apr 95] |
|
|
(3) |
Disputed Procedures or Elections. Any case in
which an electoral procedure or outcome is disputed by any Senate member shall be decided
by the Elections Commissioner, subject to an appeal to the Assembly. The Commissioner, or
an appeal to the Assembly, shall have authority to invalidate an election, declare the
affected seat(s) vacant, and order a new election for the remainder of the term under
55.B. [Am 25 Apr 95] |
|
(D) |
Election of the Vice Chair/Chair-Elect |
|
|
(1) |
Nominations. Each candidate for Vice
Chair/Chair-Elect must submit |
|
|
|
(a) |
a nominating petition containing the signatures of five
members of the Academic Senate, Los Angeles Division exclusive of the candidate's); |
|
|
|
(b) |
a chronology or summary of past service to the Academic
Senate, to Schools, to departments, and to other programs of the University, and be
invited to present a statement not to exceed 200 words; |
|
|
|
(c) |
a signed statement expressing readiness to serve as Vice
Chair/Chair-Elect and Chair in corresponding successive years of election and service; |
|
|
|
(d) |
all materials to the Elections Commissioner within 10 days
after the notice of election, as specified by the Elections Commissioner. |
|
|
(2) |
Election. The same procedure indicated for mail
or electronic online ballots on issues (155(E)) will apply to mail or
electronic online ballots on elections. If there are more than two
candidates, the election shall be conducted by the method of alternative
vote, in which the voters rank order the candidates; candidates who receive
the fewest first preferences are successively eliminated, and their votes
are transferred to each voter's second (and if need be lower) preferences,
until one candidate receives the required majority. [Am 25 Apr 95, 12 Nov
96, 28 May 98, 08 Apr 03] |
|
(E) |
Election of At-Large Members of the Executive
Board |
|
|
(1) |
Nominations. Each candidate for at-large
membership on the Executive Board shall at the time of election serve ex officio as a member of the
Legislative Assembly and must submit [Am 25 Apr 95, 24 Apr 08] |
|
|
|
(a) |
a nominating petition containing the signatures of three
Academic Senate members. [Am 25 Apr 95, 24 Apr 08] |
|
|
|
(b) |
a chronology or summary of past service to the Academic
Senate, to Schools, to department, and to other programs of the University; |
|
|
|
(c) |
all materials to the elections Commissioner within 10 days
after the notice of the election, as specified by the Elections Commissioner. [Am 14 Mar
89] |
|
|
(2) |
Election [Am 25 Apr 95] |
|
|
|
(a) |
Election is by secret ballot at the last meeting of the
Legislative Assembly. |
|
|
|
(b) |
The method of election is the cumulative vote, with each
member casting as many votes as there are vacancies to be filled and distributing those
votes among as few or as many candidates as the voter thinks fit. |
|
|
|
(c) |
Candidates receiving the highest number of votes are elected.
Tie votes are resolved by such run-off elections as may be necessary. |
|
(F) |
Elections of At-Large Members
of the Committee on Committees. [En 13 Feb 01] |
|
|
(1) |
Notice of Election. Each year the Secretary of the
Senate sends to each voting member of the Academic Senate, Los Angeles
Division, a notice of election for the open at-large seat on the Committee
on Committees, a call for nomination, and a nominating petition. |
|
|
(2) |
Nominations. Each candidate for
at-large membership on the Committee on Committees must, at the time of
election, be a members of the Academic Senate, Los Angeles Division and
must submit: |
|
|
|
(a) |
a nominating petition containing the signatures
of two members of the Academic Senate, Los Angeles Division exclusive of
the candidate's signature; |
|
|
|
(b) |
a chronology or summary of past service to the
Academic Senate, to Schools, to departments, and to other programs of the
University, and an optional statement of no longer than 200 words; |
|
|
|
(c) |
all materials to the Elections Commissioner
within 10 days after the notice of election, as specified y the Elections
Commissioner. |
|
|
(3) |
Election. The
same procedure indicated for mail or electronic online ballots on issues (BL
155(E)) applies to mail or electronic online ballots for electing at-large
members of the Committee on Committees. The candidate receiving a
majority of the votes cast by members of the Academic Senate, Los Angeles
Division on the first ballot are elected. If there are more than two
candidates, the election shall be conducted by the method of alternative
vote, in which the voters rank order the candidates; candidates who receive
the fewest first preferences are successively eliminated and their votes are
transferred to each voter's second (and if need be lower) preferences, until
one candidate receives the required majority. [Am 08 Apr 03] |
|
(G) |
Other Elections.
All other elections by mail or electronic online ballot in the Los Angeles
Division and its agencies are governed by the following provisions: [Am 08
Apr 03] |
|
|
(1) |
Notice of Election. The Secretary of the relevant
agency sends to each voting member of the agency a notice of election in his or her
constituency, a call for nomination and a nominating petition. [En 19 Jan 88] |
|
|
(2) |
Nominations. Each nominating petition requires
the signature of two Senate members from the constituency concerned who are limited in
their number of nominations to the number of positions to be filled. |
|
|
(3) |
Number of Votes Required for Election. Candidates
receiving a majority vote of the constituency concerned on the first ballot are elected.
Any remaining vacancies are filled by plurality vote in a second ballot containing the
names of the remaining candidates receiving the most votes, but limited to twice the
number of vacant positions, except that persons tied for last place under this limitation
are included in the second ballot. If in the run-off election a tie vote results, such
subsequent ballots are taken as needed. |
|
|
(4) |
Run-Off Elections. Within five days following
certification of election results by the Elections Commissioner, such subsequent ballots
as are required to fill a position are sent to each voter. The date of the election is
noted on the ballot, this being ten days following deposit of the ballot in the University
mail or posting of the ballot on the Senate webpage should electronic online
voting be used. [Am 08 Apr 03] |
|
|
(5) |
Omission of
Ballot. If there are no more nominees than vacancies, a mail or electronic
online ballot is issued listing the nominee for each vacancy and providing
for write-in, or at the next regular meeting of the agency concerned, a
single ballot is cast by the appropriate secretary unless nominations are
made from the floor. If further nominations are made from the floor, a mail
or electronic online ballot listing all nominees for each vacancy and
providing for write-ins is issued by the Secretary of the agency immediately
following the meeting. In the case of Senate officers, the Legislative
Assembly is the agency concerned. [Am 13 Apr 82, 11 Nov 86, 19 Jan 88, 14
Mar 89, 08 Apr 03] |
| 155. |
Mail
or Electronic Online Ballots on Issues. The following
provisions govern mail or electronic online ballots on Issues. [Am 08 Apr
03] |
|
(A) |
Only main
motions and amendments thereto which have been considered at a meeting of
the Division or the Legislative Assembly may be submitted to a mail or
electronic online ballot. [Am 08 Apr 03] |
|
(B) |
Subject to the
provisions of subsection (A) above, action taken by the Legislative Assembly
shall be submitted to a mail or electronic online ballot of voting members
of the Division if: [Am 08 Apr 03] |
|
|
(1) |
the request for
the mail or electronic online ballot is made at the meeting at which the
issue has been considered and one-third of the members of the Legislative
Assembly present join in the request; or [Am 08 Apr 03] |
|
|
(2) |
written petition by voting members equal to
one-third of the members of the Legislative Assembly is received, singly or collectively,
by the Chair within 10 instructional days after distribution of the minutes. [Am 11 Apr
79, 28 May 98] |
|
|
Action taken at
a meeting of the Division shall be submitted to a mail or electronic online
ballot at the request of: [Am 08 Apr 03] |
|
|
(3) |
one-third of the members present and voting on
the question at the meeting; or |
|
|
(4) |
35 voting members of the Division by written
petition submitted singly or collectively to the Chair within 10 instructional days after
distribution of the minutes. [Am 28 May 98] |
|
(C) |
Arguments pro and con, which are submitted within
15 instructional days after the minutes are distributed, are summarized by the Secretary
and accompany the ballot. The ballot is sent to electors within five instructional days
thereafter and specifies the time and place of the election, which shall be completed
within the next ten days. [Am 28 May 98] |
|
(D) |
In certifying the results to the Division the
Secretary gives the number of affirmative and negative votes cast and the number of
invalid ballots. |
|
(E) |
In the event of
a written ballot distributed by mail, each voter receives a single envelope
addressed to the Elections Commissioner of the Division. This envelope
provide space for the name of the department and the signature of the voter.
Envelopes lacking the signature are void. To ensure secrecy, the Elections
Commissioner will be present at the time of opening and counting the
ballots. All ballots will be removed from the envelopes prior to the
counting of any ballots. On petition of 1% of all eligible voters, a
two-envelope ballot procedure will be used for a specified election. Each
voter receives a plain envelope in which to enclose the marked ballot, and a
further envelope addressed to the Elections Commissioner of the Division.
The latter envelope provides space for the name of the department and the
signature of the voter. Envelopes lacking this signature are void. Results
of the vote are reported to the Secretary of the Division within six
instructional days after the election. [Am 25 Apr 95, 26 May 98, 08 Apr 03]
In the event an electronic online ballot is used, each
voter receives access to a secure, web-based, voting system which meets or exceeds campus security standards. The Elections Commissioner shall provide oversight to the administration of the system. The system shall be designed to separate each
ballot from the voter who cast it, so that it is impossible to learn how
anyone voted. The system shall be designed so that once a vote has been
cast, it immediately will be recorded so that neither the voter nor anyone with access to the system will be able to
change the vote. Upon request, hard copy ballots shall be provided for those Senate members who do not have access to electronic voting. In case a voter submits both an
electronic and a paper ballot, the electronic ballot takes precedence and
the paper ballot will be destroyed prior to the count. [ En 08 Apr 03; Am 01 Nov 07;] |
|
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