WVU Staff Council Constitution

Introduction

        The West Virginia University Staff Council was created by the West Virginia Legislature under §§18B-6-6, to provide the classified staff employees of West Virginia University a means to convey their concerns on employee-employer relations. This council was formed with recognition that all matters at West Virginia University are governed by state law, by University of West Virginia System Board of Trustees, and West Virginia University policies and procedures.

        The term "Classified Staff Employees," as used herein will mean those employees designated by the Higher Education Policy Commission as classified, and does not include faculty or non-classified personnel, per West Virginia Code 18B-9-2.

ARTICLES:

Article I - Name

       The name of this organization will be the “West Virginia University Staff Council”, hereafter referred to as the “Staff Council.”

Article II - Authority

1.      The Staff Council will be a unit of West Virginia University (hereafter referred to as the University), and will continue to be so until such time as the Staff Council dissolves itself or until the University withdraws recognition.

2.      The organization of the Staff Council will in no way affect the right of the University employees to belong to other organized groups of their choice, nor will it preclude the functioning of such organizations.

Article III - Purposes

        The purposes of the Staff Council are:

1.      To serve as a representative body for classified staff employees of the University.

2.      To participate in such policy matters of the University as may directly affect the classified staff employees.

3.      To provide a two-way medium for the exchange of information between employees and employers relative to problems of mutual concern.

4.      To foster a spirit of unity and cooperation among all employees of the University.

5.      To consider methods and means by which employment conditions may be improved and operating efficiency of the University increased.

6.      To act in an advisory capacity to the President of the University.

7.      Not to act as a grievance board on individual cases.

8.       To act in a manner in which the council is accountable to both the President of the University and the classified staff in furthering the mission of the institution.

Article IV - Membership

        The Staff Council may consist of five (5) members from each of the five occupational sectors as defined by the Department of Human Resources. These classifications are: Administrative/Managerial Sector, Professional/Nonteaching Sector, Paraprofessional Sector, Secretarial/ Clerical  Sector, Physical Plant/Maintenance Sector. In addition to the above members, two ex officio positions will be included in the Staff Council meetings. The Advisory Council of Classified Employees representative will have voting power and is an ex officio. The remaining ex officio position is non-voting and is represented by the Assistant Vice-President for Human Resources.

Article V - Term of Office

1.      The term of office for a member of Staff Council will be two years and shall begin with the July meeting following election to Staff Council.

2.      Elections of representatives will be done in the manner prescribed in Staff Council Bylaws incorporated in Article VI of the Constitution.

3.      Transfer of a Staff Council member from one occupational sector to another shall not affect his/her unexpired term on the Staff Council.

4.      Vacancies will be created by death, termination of service to the University, or resignation.

5.      The retiring Chair of the Staff Council may serve as advisor during the transition from one administration to another upon approval of the council. 

Article VI - Elections

Refer to Election Procedures in the Bylaws.

Article VII - Officers

1.      The officers of the Staff Council will be: Chair, Vice-Chair, Secretary/Treasurer, Parliamentarian, and two Members-at-Large.

a.      The election of officers of Staff Council will take place at the first regular meeting in July.

b.      The non-voting ex officio member of the Staff Council will conduct the election of officers.

c.      Candidates, current and newly elected, seeking any office position will submit written statements to the Nominations Committee by the 10th of June for distribution at the June regular meeting.

d.      Nominations of officers will also be taken from the floor at the July meeting. Voting will be by secret ballot unless only one person is nominated. The nominee receiving the highest number of votes will be elected.

e.      The non-voting ex officio member will document the vote tally to be recorded by the Staff Council Secretary.

f.        The non-voting ex officio member will announce the officers.

g.      In the event that an officer position becomes vacant, an election by members of Staff Council will be held in accordance with provisions of Article VII of this Constitution and will take place at the first meeting after notice of a vacancy is given. This section will not apply to the office of the Chair of Staff Council. Refer to the Staff Council Bylaws, Article I, Duties of Officers.

2.      The Staff Council may relieve any officer of the Staff Council except the Chair of his or her duties by a two-thirds vote of the total body of Staff Council.

Article VIII - Amendments

1.      Amendments to the Constitution may be made by a two thirds vote of the total body of Staff Council.

2.       A notice that an amendment is to be proposed must be given to all members of the Staff Council at least five work days before the meeting at which the amendment is to be proposed. The notice will contain the proposed amendment in context. Friendly amendments to the proposed amendment may be suggested and voted upon to any amendment being proposed.

WVU Staff Council Bylaws

ARTICLES:

Article I - Duties of Officers

1. The Chair will:

a.      preside at all regular and special meetings and enforce all regulations and policies of the Staff Council.

b.      serve as a member of the WVU Cabinet.

c.      preside over the Executive Committee and be responsible for preparing the committee structure and the Staff Council budget.

d.      call special meetings when it is deemed necessary.

e.      prepare an agenda for distribution by the Staff Council Secretary for each regular meeting.

f.        vote only in the advent of a tie.

g.      participate in the interview and recommend for hire the Staff Council’s Secretary.

h.      serve on the Salary Task Force.

2. The Vice-Chair will:

a.      preside in the absence of the Chair.

b.      chair the Legislative Committee and coordinate councils legislative activities.

3. In the event of the absence of both the Chair and Vice-Chair at a regularly scheduled Staff Council meeting, a President Pro Tempore will be elected by the Staff Council to conduct the meeting.

4. The Secretary/Treasurer will:

a.      record and prepare minutes of Executive Committee meetings.

The Secretary/Treasurer will in the absence of the Staff Council secretary:

b.      prepare and keep in permanent form the minutes of all meetings of Staff Council.

c.      send a draft copy of the minutes to each member of Staff Council within ten working days after the meeting.

d.      be responsible for all records of the Staff Council, including fiscal records.

5. The Parliamentarian will:

a.      be elected at the same time as the election of officers, using the same method.

b.      advise the President regarding parliamentary procedure in accordance with Robert’s Rules of Order, Newly Revised.

6. The Members-at-Large will:

a.      be elected at the same time as the election of officers, using the same method.

b.      serve on the Executive Committee.

7. Restrictions:

a.      No agreement made by the officers or members of the Staff Council will be considered to be the Staff Council’s position until it has been approved by Staff Council.

b.      No expenditure of funds allocated under the Staff Council or expenses incurred by its members will be made or reimbursed unless approved by the Staff Council. In the interim between regular monthly council meetings, the Executive Committee will have authority to incur costs.

Article II - Standing Committees

1. Standing committees will now be known as:

a.      Legislative

b.      Welfare

c.      Tuition Assistance

d.      Election

e.      Employee Appreciation/Awards

f.        Committee on Committees

2. Committee charges are:

a.      Legislative

1.      Review, research and inform Staff Council on issues pending executive or legislative action that could affect classified staff employees.

2.      Maintain and provide a list of key members of the Executive and Legislative branches of state government for distribution.

3.      Assist the Staff Council Chair through oral and written presentations, and convey Staff Council’s position on issues.

4.       No agreement made by the Legislative Committee will be considered to be the Staff Council’s position until it has been approved by the Staff Council.

b.      Welfare

1.      Review and research issues concerning the welfare and benefits of classified staff employees.

2.      Review and research proposed changes in personnel policy and procedures that may affect classified employees.

3.      Recommend actions for Staff Council regarding welfare and benefit issues, as well as personnel policies and procedures.

4.      No agreement made by the Welfare Committee will be considered to be the Staff Council’s position until it has been approved by the Staff Council.

c.      Tuition Assistance

1.      Provide information, assistance and applications for tuition assistance to eligible classified staff employees who wish to pursue an undergraduate degree.

2.      Review and approve applications. The Staff Council Secretary will notify employees of their approval status.

3.      Inform Staff Council of necessary changes in procedures and policies as warranted.

4.      Administer the Scholarship Fund for Children of WVU Classified Staff, consistent with the WVU Foundation contract.

d.      Election Procedures

1.      This committee is comprised of Staff Council members and operates under the Staff Council Election Procedures as detailed in §§ 18B-6-6.

2.      Coordinate the WVU Staff Council, Board of Governors and the Advisory Council of Classified Employees elections.

3.      Election changes must be approved by council before becoming official.

4.      Recommend necessary election procedure changes to Staff Council.

e.      Employee Appreciation and  Awards

1.      Coordinates with Institutional Advancement any Employee Appreciation activities undertaken by the Staff Council and the University.

f.        Committee on Committees

1.      Recruits classified staff employee applicants for all committee vacancies not filled by constitutional mandate.

2.      Advertise in the Mountaineer Spirit or if time does not permit written notice solicit through committee members for interested classified staff employees to fill committee vacancies.

3.      Determine the applicant’s interest for placement into committee vacancies.

4.      Notify the Staff Council Chair of appointment recommendations and report to council at the next regular meeting.

Members of Staff Council standing committees are appointed by the Staff Council Chair as per Bylaws Article III(c).

The standing committees will elect each committee chair after the Staff Council Secretary has notified all appointed members and has set up the initial meeting of the committee.

Each committee chair in conjunction with the Committee on Committees, can recommend to the Staff Council Chair three individuals not serving on Staff Council (preferably one from each campus) to serve on his or her committee.

Each committee chair will bring all proposals in writing to the Staff Council for approval prior to implementation. Each committee chair will report both orally and in writing at each regular monthly Staff Council meeting.

Each member of Staff Council will serve on at least one committee but no more than two.

Article III - Executive Committee

1. Membership
   1. Chair
   2. Vice-Chair
   3. Secretary/Treasurer
   4. Parliamentarian
   5. Two Staff Council Members-at-Large, will be elected in July after the election of officers using the same method as used in the election of officers.

2. Duties

a.      Members will serve as a channel through which classified staff employees many introduce matters for consideration by the Staff Council.

b.      Act for the Staff Council on an emergency basis between meetings of the Staff Council. Such actions are to be reported for confirmation at the next regular Staff Council meeting.

c.      Assist the Staff Council Chair if asked in making appointments to Staff Council standing committees.

d.      Assist in carrying into effect the rules, regulations and interpreting the Constitution and Bylaws of the Staff Council.

Article IV - Meetings

1. Regular meetings of Staff Council will be held once a month. This meeting will be held on a day and during a week of the month to be determined by Staff Council at its July meeting.
2. The Staff Council will meet with the President of the University at least quarterly.
3. A quorum at a regular meeting will be a majority of the total membership.
4. All meetings will be open to the public with the exception of the Staff Council meetings with the WVU President. Non-members of Staff Council may participate in discussions upon recognition by the Chair of Staff Council.

Article V - Ad-Hoc Committees/Appointments

        The Staff Council will create Ad-Hoc committees as necessary. The Staff Council Chair will appoint all Ad-Hoc committees and designate a chair. Ad-Hoc Committee appointments will end June 30th of each fiscal year. No agreement made by any Ad-Hoc Committee will be considered to be the Staff Council’s position until it has been approved by the Staff Council.

Article VI - Procedures

1. Any classified staff employee can submit items in writing to any member of Staff Council or the Staff Council Office to consider for inclusion to the agenda.
2. The Staff Council member receiving the request will respond to the employee in writing as to the disposition of the Council upon notification by the Staff Council President within two days.

Article VII - Parliamentary Authority

        Robert’s Rules of Order, Newly Revised, will govern the business proceedings of Staff Council unless otherwise specified in this Constitution and Bylaws.

Article VIII - Ex Officios

1. The Assistant Vice-President for Human Resources will serve as a non-voting ex officio member of the Staff Council.
2. The Advisory Council of Classified Employees representative will serve as a voting ex officio member of the Staff Council.

Article IX - Amendments

        These Bylaws may be amended in the same manner as prescribed in Article VIII of the WVU Staff Council Constitution.

WVU Staff Council

Election Procedures for WVU Staff Council,

Board of Trustees Advisory Council of Classified Employees, and the WVU Board of Advisors

ARTICLES:

Article I - Position and Terms

        The Advisory Council of Classified Employees representative will serve a two-year term beginning on July 1 and ending on June 30.

        The WVU Board of Governors Classified Employee representative will serve a two-year term beginning July 1 and ending on June 30.

        A WVU Staff Council occupational sector representative will serve a two-year term beginning on July 1 and ending June 30.

A WVU Staff Council Chair will serve a two-year term beginning on July 1 and ending June 30.

Article II - Election Committee

1. The Election Committee will be appointed bi-annually by the Staff Council Chair in July. The Election Committee will work with the VP of Human Resources and by intent, considerable discretion is left to this committee to make working decisions to ensure a timely election.
2. Membership of the Election Committee will consist of  three classified employees. The Staff Council non-voting ex officio Vice-President of Human Resources will serve in an advisory capacity.
3. The Staff Council Secretary will be available to provide support to the Election Committee as required .
4. The Election Committee will keep a file of all notes, correspondence, recommendations, forms used, press releases, meeting minutes, etc. This file will be retained by the Staff Council Secretary at the end of the committee’s service and will be forwarded as a traveling file to be used as a guideline for the next appointed committee.

Article III - Election Authorization

1. Staff Council positions are provided for by WV State Code §§ 18B-6-5, 18B-6-6 and 18B-2A-1 as well as the Staff Council Constitution.
2. The Advisory Council of Classified Employees is provided by West Virginia State Code Section 18B-6-5.

a.       Election procedures have been established by the Advisory Council of Classified Employees in accordance with the provisions established March 13, 2004 (Legislative Law, 18B-6-5). 

Article IV - Eligibility

        Any WVU classified staff employee receiving a paycheck February pay cycle (2) will be eligible to nominate, vote, be nominated, or be elected to any of the positions identified above. The term "Classified Staff Employee," as used herein will mean any regular full-time or part-time employee of the Board who holds a position that is assigned a particular job title and pay grade in accordance with the personnel classification system as established by the Higher Education Policy Commission (West Virginia State Code 18B-9-2(a)). This does not include faculty or nonclassified personnel (West Virginia Code 18-26-9c).

Article V - Nominations

1. Sample nomination/petition form, the Election procedures and the time line will be published in the Mountaineer Spirit and the Staff Council web site during the first two weeks of March. Additional copies will be distributed upon request from the Staff Council Office.
2. Each classified staff employee may nominate one person in each occupational sector for WVU Staff Council. No write-in candidates will be accepted during the election due to the eligibility check off procedures.
3. Each classified staff employee may nominate one person to the Advisory Council of Classified Employees. No write-in candidates will be accepted during the election due to eligibility check off requirements.
4. Each classified staff employee may nominate one person to the WVU Board of Governors. No write-in candidates will be accepted during the election due to eligibility check off requirements.

Nomination/Petition forms will be mailed or delivered to: Election Committee, Mail Room, Tower’s Post Office before 4:30 p.m. on the second Tuesday in March to be counted as eligible.

5. Names of the nominees will be verified against the Master List of eligible employees from the Department of Human Resources. Signatures of the nominators may be verified at the discretion of the Election Committee.
   1. Upon verification of candidates, any occupational sector left open will be conveyed to the Staff Council President. The Election Committee is then authorized to select candidates for those open categories to facilitate a full election by advertising in the Mountaineer Spirit for one week.
6. A nominee will be considered a candidate if the following conditions are met:
   1. He or she is an eligible Classified Staff Employee as defined in the Staff Council Election Procedures, Article IV - Eligibility.
   2. He or she consents in writing to serve, if elected.
   3. He or she is not in their probation period.

 Article VI - Election Procedures

1. All verification of employee eligibility to participate in the election process will be performed by Human Resources.
2. The ballot will be prepared by the department of Human Resources listing the candidates’ names printed by the luck of the draw. Names will be drawn from a hat by an employee of the department of Human Resources and listed on the ballot in the order they were drawn.  The drawing of names will be open to all candidates.  Candidates will be informed of the time and place of this drawing at least 24 hours in advance of the event.  Short statements of 50 words or less, provided by the candidates at their discretion will be made available. These statements are an integral part of the balloting procedure and under no circumstances will they be deleted from the election process. Ballots will contain clear, concise instructions specifying cut off dates, voting procedure, and instructions for return of paper.
3. Ballots will be available both electronically and paper based
4. Announcement of the vote will appear in e-news, the WVU intranet and the Mountaineer Spirit.  Such announcement will include instruction for electronic voting as will as information about the paper voting process.
5. Paper based ballots will be accepted in person only.  Employees must show photo identification in order for their completed ballots to be accepted.
6. Employees may vote only once whether that be an electronic vote or a paper vote.
7. Ballots will be reviewed for compliance with the ballot instructions and voter eligibility by employees of the department of Human Resources. Any ballots deemed ineligible, will be retained and be made available for examination by any candidate.  Electronic ballots will be counted automatically by the election software.  Any paper ballots will be counted in the presence of three employees of Human Resources.  Ballots counting may be observed by any University employee who wishes to attend.  The time and location of the paper ballot count will be announced via e-news, the WVU intranet and Mountaineer Spirit.
8.  Both preliminary and final election results will be posted immediately outside the Staff Council office and reported in writing to the University President and announced in the Mountaineer Spirit. All election related materials will be retained by the department of Human Resources for three years after final results are reported, after which they will be destroyed.
9. A recount based on preliminary results may be requested in writing to the department of Human Resources by any candidate within five working days from posting of the preliminary results. Any such recount must be completed by the department of Human Resources within ten working days from the date of the receipt of the written request. A candidate may only request a recount for votes involved in his or her sector. Unless determined otherwise by the department of Human Resources, there will only be one recount per sector. Each candidate within the affected sector will be notified of the re-count within 24 hours of the recount.  Each candidate within the affected sector may designate one person, other than themselves, who is an eligible voter to serve as an observer during the recount process.
10. Once a re-count has been completed, any election tie will be determined by a “Luck of the Draw” method.   A coin flip will be used when possible.  The affected candidates or their designees shall be present for the draw.
11. Except as otherwise expressly set forth herein, The Election Committee will resolve by a majority vote of the committee all election related questions, disputes, and challenges. Clarification of non-addressed procedures will be taken to the Staff Council Executive Committee.
12. If no request for recount is made as provided for herein within five working days of the posting of preliminary results, the preliminary results become the final results.
13. The Election Committee will submit a written report during the May Staff Council meeting regarding the election. The report should include any suggested changes for identified difficulties during the election.
14. The vote count will appear in the minutes of the May Staff Council meeting.

Article VII - Vacancies

1. Vacancies in the Staff Council during terms of office will be filled by persons receiving the next highest vote count in the same occupational group of the same election year.
2. Vacancies in the Trustees Advisory Council of Classified Employees during terms of office will be filled by persons receiving the highest vote in the respective position.
3. Should all respective candidates, in descending order of election vote tallies, decline to fill the vacancies for any of the above positions, the announcement of the vacant position will be posted in the Mountaineer Spirit for one week inviting interested employees to apply for the position. These individuals will be instructed to submit a letter of intent to the Staff Council President. The Staff Council Secretary will submit the interested candidate’s names and information to the Department of Human Resources for verification of occupational sector, job title, and benefits status. The Staff Council Chair will present all verified eligible names to Staff Council. Staff Council will elect the replacement for the vacant position based on the majority of those members present.
4. All vacant positions will be advertised in the Mountaineer Spirit until filled.

Last update: November 13, 2006