EA R10 (2016-2017): Revision of the Employee Assembly Charter and Bylaws

Acknowledged by the President

• Resolution:
  EA R10 (2016-2017): Revision of the Employee Assembly Charter and Bylaws
• Day:
  April 12, 2017
• Action:
  Acknowledged by the President
• Summary / Notes:
• File Attachments:
• Text Attachment:
  Dear Ulysses,
  
  Thank you for sending to me the proposed revisions to the Employee Assembly Charter and Bylaws as presented in EA R10. In an effort to be timely and to allow your spring elections to take place with the inclusion of the revised seat allocations, I accept most of what you propose and ask that you clarify and confirm other aspects as follows:
  
  Defining Objections to Actions (Article IV, Section 5)
  While I will accept this clause, I do ask that you carefully consider its implications. The success of shared governance is reliant upon deliberation and cooperation. I am concerned that by inserting language related to objections you may diminish the need for members of the assemblies to work together across constituencies to advance legislation.
  
  Addition of University Calendar Review (Article IV, Section 7)
  I cannot accept this recommendation but will consult with and forward your proposed language to Provost Kotlikoff for his review and response.
  
  Revision of Seat Allocations (Article V, Section 2)
  I fully support and approve the reconfiguration of and inclusion where new, of the following seats:
  · Budget, Planning, Audit and Investment
  · Information Technology
  · College of Continuing Education & Summer Sessions
  · Disability (per the Colleague Network Group)
  
  I ask that you provide greater clarification regarding retirees. Do you intend to include all “active Retirees” as eligible to vote during an election, or rather to enable retirees to caucus among themselves and appoint a voting member?
  
  I cannot accept your proposal to include a representative from Cornell Tech. Currently, the University Bylaws (§11.5 iii; top of page 5) define “employees” as being employed at Ithaca and Geneva. Until such time as the Bylaws are amended to include employees in New York City, either at Cornell Tech or at other non-Weill Cornell Medicine units, the staff at Cornell Tech fall outside of the purview and representative authority of the Employee Assembly.
  
  I am appreciative of your efforts to ensure representation for all members of the staff community, and will ask that the Office of the Assemblies be notified should the University Bylaws be amended, and your representation expandable.
  
  Parliamentary Procedures (Bylaws, Article 1, Section 10, subsection B)
  I ask that you provide clarification regarding your intent around the clause, “The Assembly is not constrained to use parliamentary procedure for all discussions.” Please explore with Vice President Opperman and the Director of the Office of the Assemblies your rationale for this proposal.
  
  In addition, the second “Whereas” clause of EA R10, “grants the Assembly the ability to control its own operations and maintenance, including bylaws, procedures and amendments...” Please clarify your intent for unilateral control, and its move from “Internal Maintenance” (Section §2.2 in the current Charter) to “Legislative Authority” (Section §IV.1.B in the attached proposed Charter). I have asked Vice President Opperman and the Director of the Office of the Assemblies to work with you to reach a mutual understanding of, and agreement on this provision.
  
  Yours sincerely,
  
  Hunter Rawlings
  
  
  
  Hunter Rawlings
  Interim President, Cornell University
  300 Day Hall
  Ithaca, NY 14853