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Bylaws

Newark Faculty Council

By-Laws

Amended and formally approved unanimously by a quorum of the NFC Delegates on 19 February 2024

  1. Purpose
  2. Election, Representation and Composition
  3. Operations and Authority
  4. Officers
  5. Other Elections
  6. Committees
  7. Amendments

Appendix A: Calendar

Appendix B: Balloting and Tallying Procedure for Election of Officers and Executive Cabinet

Appendix C: Procedure for Election of Contingent Faculty Council Delegates

Purpose

 

The Newark Faculty Council has been established by the Rutgers Newark faculties in order to:

  1. Provide a forum for determining and expressing Newark faculty opinion on issues of concern and a means to report those concerns regularly directly to the provost, chancellor and other administrators as appropriate, and back to the faculty on actions being taken to address these issues. Thus, the NFC can play an ombuds role for the faculty.
  2. The NFC representatives of the various faculty units shall inform their constituents at their faculty meetings of the ombuds role of the NFC and function as conduits of concerns from the faculty to the NFC (in addition to conveying important messages from the NFC to the faculty).The NFC shall also periodically specify its ombuds role via broadcast emails directly to each faculty member.
  3. Mediate conflicts among Newark units represented in the Council;
  4. Establish a body for studying and providing advice on educational and administrative matters that affect the Newark campus;
  5. Advise and make recommendations to the Chancellor and, through him or her, officials of the Central Administration on all appropriate matters including such matters as academic regulations, admissions and academic standards, budgetary priorities, curricula, academic support programs, class schedules, graduation requirements, academic integrity policies, libraries, academic personnel policies, physical plant and services, student affairs, academic computing, and research;
  6. The Council will complement, rather than supplant, the University Senate, the college faculties, and the university administrative officers.

Election, Representation and Composition

 

  1. Faculty eligible to participate in academic unit elections of Council delegates and to serve as voting Council delegates shall consist of all full-time tenured, tenure-track, contingent faculty (i.e., non-tenure-track lecturers, postdoctoral scholars who teach courses for credit and PhD students who teach courses for credit), and clinical faculty at the rank of assistant professor or above, who are appointed on a faculty line under the jurisdiction of the Newark Chancellor, as well as all librarians at Dana Library at the rank of Librarian III or above. A faculty delegate holding a joint appointment with two or more colleges or schools shall represent the unit in which his or her “primary home” is defined.
  2. Faculty members whose primary assignment is administration (e.g. Deans, Associate/Assistant Deans) shall not be eligible for election during their terms as administrators. This exclusion shall not apply to Area or Department Chairs. University Senators holding faculty rank as defined above shall be eligible for election to the Council.
  3. All Council delegates specified in Section 1 of this Article shall be elected by colleagues from the unit of their appointment in accordance with the provisions of the faculty by-laws governing elections. Contingent faculty who teach courses for credit on the Newark campus shall elect not more than two voting Council delegates on an at-large basis, in an election conducted by the Council. No more than one contingent faculty delegate shall be primarily attached to any one academic unit. All elections shall be conducted using secret ballots.
  4. Council Delegates elected by units shall be elected to staggered three-year terms. Delegates elected to represent the contingent faculty shall be elected to one-year terms. Elections shall take place during the spring semester, and the term of office shall begin July 1.
  5. Should an elected delegate go on leave or not be reappointed, the unit from which he or she was elected shall elect a replacement.
  6. The Council shall consist of 21 delegates, composed as follows:

Number of delegates   /   Unit

9          School of Arts & Sciences-Newark

1          Graduate School-Newark [including the Center for Molecular and Behavioral Neuroscience]

4          Rutgers Business School-Newark and New Brunswick

1          School of Criminal Justice

2          Law School-Newark

1          Dana Library

1          School of Public Affairs and Administration

2          Contingent Faculty

Whenever requested by any unit, or whenever recommended by the Chancellor or Provost, the Executive Cabinet (See Section IV below) shall review the composition of the Council, consulting current data on faculty distribution among units, and if the Executive Cabinet deems a change in the composition of the Council to be appropriate, they shall cause a bylaw amendment for that purpose to brought to the Council for its consideration.

Operations and Authority

 

  1. The Council will meet at least once during each regular semester of the academic year.
  2. The meetings of the Council will be conducted under Robert’s Rules of Order.
  3. Minutes of the Council’s meetings will be taken, and published on the NFC website upon approval of the Council.
  4. The Chancellor and Provost, who serve as ex-officio members of the Council, shall be present at all Council meetings to make reports and respond to questions from Council delegates and to provide such additional information as the Council may require to facilitate its work.
  5. If requested by the Council, the Chancellor and Provost shall communicate, in writing, their response to any advice which the Council shall render.
  6. If requested, and as appropriate, the Chancellor and Provost shall provide the Council with information bearing upon matters under the Council’s consideration.
  7. Members of the Chancellor’s staff, Deans and other Campus administrators, and members of the Central Administration, may be invited to attend Council meetings as the agenda dictates.
  8. Meetings of the Council will normally be open, except when, at the request of the Chancellor, Provost, or a delegate of the Council, portions of the meeting may be closed to discuss matters in confidence.
  9. Any faculty member may propose agenda items for the Council’s consideration by submitting a written request to the Council Chair.
  10. Council delegates shall report regularly to their faculty colleagues on the work of the Council and shall transmit faculty reactions and suggestions to the Council as appropriate.
  11. Except for matters that are clearly outside the expertise or jurisdiction of the faculty, the Chancellor and Provost, when appointing a special or ad hoc committee to study an issue, shall inform the Council that they are doing so.
  12. A quorum shall consist of a majority of elected delegates.

Officers

 

  1. The officers of the Council shall consist of the Chair, the Vice Chair, and the Secretary. The Council will elect the officers as specified in the Calendar. The Chair and Vice Chair shall be a delegate from the tenured faculty. The Chair shall preside over meetings of the Executive Cabinet of the Council and over meetings of the full Council. The Vice Chair shall preside in the absence of the Chair. The Chair may serve no more than two one-year terms consecutively.The Vice Chair and Secretary have no term limit and may serve in that capacity while a delegate of the NFC.
  2. In the event that an officer of the Council has a sabbatical or fellowship leave during their term of office, a special election will be held to choose an officer to fulfill their duties during the term of their leave. If this leave will conclude at the end of their term of office, the substitute will fill the remainder of that term; if the leave will conclude before the end of that term, the substitute will serve for only the portion of the leave and the elected officer will return to their duties when they return to regular status. If the Chair goes on leave during their term, the Vice Chair will become Chair and a substitute Vice Chair shall be chosen by the Cabinet for the duration of the leave.
  3. The Executive Cabinet shall be made up of the Council Chair, the Vice Chair, the Secretary, the immediate Past Chair, and three additional Council delegates, elected by the full Council. The Chancellor and Provost may be invited to attend meetings of the Executive Cabinet. Among other duties, the Executive Cabinet shall set the agenda for Council meetings and review and evaluate the functioning of the Council. The Executive Cabinet shall act for the Council between meetings and during the summer. Such actions are subject to later review by the full Council.
  4. The term of office of the officers and the Executive Cabinet shall begin July 1st and conclude on June 30th of the following year.

Other Elections

 

  1. The Council shall elect a Senator-at-large to represent the Newark campus annually as specified in the Calendar to succeed the Senator whose term is expiring and also when necessary to fill a mid-term vacancy. Eligibility to serve as Senator at large shall be as specified in the Senate Enabling Regulation.
  2. The Council shall elect one delegate to serve on the Newark Campus Advisory Board every two years as specified in the Calendar and also when necessary to fill a vacancy. Those eligible to serve as a member of the Newark Campus Advisory Board shall be the same as those eligible to serve as voting Council delegates elected by units, as specified in Article II, section 1 of these Bylaws.
  3. For each election under sections 1 and 2 of this Article, the Council shall solicit nominations from the entire eligible Newark campus faculty and from the deans and assistant deans of all units, allowing at least ten days for submission of nominations, verification of nominees’ eligibility and willingness to serve, and submission of statements by nominees. The Council shall then elect the Senator-at-Large and member of the Newark Campus Advisory Board from among the nominees by secret ballot.

Committees

 

  1. The Council shall have the Standing Committees specified below, with areas of concern including but not limited to the matters indicated:

(a) Academic Affairs (curriculum, pedagogy, academic standards and regulations, testing and grading, academic calendar, research, academic freedom, and academic personnel policies)

(b) Budget and Planning (budget priorities and allocations and general planning)

(c) Bylaws and Governance (Council bylaws, unit election procedures, and governance issues at all levels)

(d) External Affairs (relations with City of Newark, Essex and other county colleges and universities, and community groups)

(e) Facilities and Services (campus physical facilities, security, computing, libraries, other campus services, athletics, and student life)

The function of the Standing Committees shall be to investigate and report to the Council on matters within their areas of concern, either on their own initiative or on request from the Council or its officers.

  1. The Chair of the Council shall annually appoint new members to the Standing Committees from among newly elected or reelected Council delegates. Appointment to a Standing Committee shall be until the end of a delegate’s term on the Council. Every Standing Committee shall have at least three members. All Standing Committees of the Council may include faculty members who are not elected delegates of the Council, and may include members of the Chancellor’s Office, provided that at least one-third of the faculty members of each Standing Committee are Council delegates.  Every Council delegate shall be expected to serve on at least one Standing Committee. The chair of any Standing Committee may invite any person to meet with that Committee on an advisory basis.
  2. The Chair of the Council may create temporary Special Committees. The membership of a Special Committee may include faculty members who are not members of the Council, so long as at least one-third of its members are delegates of the Council.
  3. The Chair of the Council shall designate the chairs of all committees, and keep the Council informed of the membership and chairs of all committees.
  4. Committees may deliberate and decide on their reports and recommendations by means of electronic mail or other technology-assisted meeting methods, as well as by face-to-face meetings.

Amendments

 

Proposed amendments to the Bylaws shall be presented to the Council for review and discussion.  Adoption of an amendment to the Bylaws requires a two-thirds vote of the Council approving the amendment.  The voting process, secret ballot or otherwise, shall be determined by a majority of the Council present at a duly called Council meeting.

Appendix A: Calendar

 

February-April: The Council, with the assistance of the Chancellor’s Office, conducts the election of contingent faculty delegates as set forth in Article II Sections I and 3, and Appendix C.  Election results shall be reported by April 30 of each year to the Chair of the Newark Faculty Council.

Units listed in Article II Section 6 conduct elections of unit delegates as set forth in Article II Sections 1, 3 and 4.  Election results shall be reported by April 30 of each year to the Chair of the Newark Faculty Council.

March (or earlier): The Council solicits nominations for, and completes election of a Senator-at-Large, and, in odd-numbered years, a member of the Campus Advisory Board

May: Chair solicits nominations (including self-nominations) for Chair, Vice Chair, Secretary, and three Executive Cabinet members, from among continuing and new delegates of the Council, allowing members to run for more than one position. Chair prepares ballots with instructions providing as necessary for ranked voting. Secret ballots shall be sent to all new and continuing delegates of the next year’s Council.

June: Special Committee reports are due June 1.

July: Council chair’s annual report is due July 1.

July: Chair asks newly elected and reelected Council delegates for their preferences for Standing Committee membership.

By September 15: Chair appoints delegates and members to the Standing Committees as applicable.

Appendix B: Balloting and Tallying Procedure for Election of Officers and Executive Cabinet

 

  1. Ballots shall be sent only to continuing and new delegates of the Council.
  2. For each office on the ballot, the voter shall rank all the candidates for that office, using the number 1 for the voter’s first choice, number 2 for second choice, and so forth. (Note: ‘office on the ballot’ means Chair, Vice Chair, Secretary, and Member of the Executive Cabinet.)
  3. Tallying procedure:

(a) First, on all ballots, cross off any votes for candidates who have withdrawn their candidacy.

(b)  Second, tally the highest-ranked remaining vote for Chair from each ballot; the candidate with the greatest number of such votes is elected  Chair. If the person elected Chair was also running for another position or positions, cross off any votes for that person for each other position on all ballots.

(c)  Third, tally the highest-ranked remaining vote for Vice Chair from each ballot; the candidate with the greatest number of such votes is elected Vice Chair. If the person elected Vice Chair was also running for another position or positions, cross off any votes for that person for each other position on all ballots.

(d) Fourth, tally the highest-ranked remaining vote for Secretary from each ballot; the candidate with the greatest number of such votes is elected Secretary. If the person elected Secretary was also running for Member of the Executive Cabinet, cross off any votes for that person for that position on all ballots.

(e) Last, tally only the three highest-ranked remaining votes for Member of the Executive Cabinet from each ballot. The three candidates receiving the greatest numbers of such votes are elected Members of the Executive Cabinet.

  1. In case of a tie vote for Chair, if any of the tied candidates was also running for Vice Chair, a runoff election for Chair shall be held before the ballots for Vice Chair are tallied. In case of a tie vote for Vice Chair, if any of the tied candidates was also running for Secretary, a runoff election for Vice Chair shall be held before the ballots for Secretary are tallied; and if any of the tied candidates was also running for Member of the Executive Cabinet, the ballots for Member of the Executive Cabinet shall not be tallied until the runoff election for Vice Chair is completed. In case of a tie vote for Secretary, if any of the tied candidates was also running for Member of the Executive Cabinet, a runoff election for Secretary shall be held before the ballots for Member of the Executive Cabinet are tallied.

Appendix C: Procedure for Election of Contingent Faculty Delegates

 

The Chair solicits no later than April 1st of each year nominations (including self-nominations) by e-mail to a current list of contingent faculty teaching on the Newark campus, furnished annually by the Chancellor’s office, allowing one week for reply. The Chair then asks each nominee to confirm his or her willingness to serve and to furnish a brief statement including at a minimum the unit to which he or she is primarily attached. After allowing one week for receipt of nominee’s statements, and if there are more than two nominees, the Chair prepares a ballot including the statements and makes it available to the same list of contingent faculty, with a deadline for return of ballots that will allow for results to be determined by April 30. In case there are only two nominees, they become the Council delegates without a ballot.