1. Senate of the Whole vs. Representative Senate
SMCCCD District Academic Senate
Spring 2016

2. Definitions Senate of the Whole Representative Senate
Who is a Senator?
Every faculty member
Representatives of areas described in bylaws
How are senators chosen?
When hired, every faculty member becomes a senator
Representatives are elected or chosen by their areas
Who
votes?
Officers and representatives, according to their voting status

3. Requirements of Academic Senates
All Academic Senates are subject to California’s Open Meetings Laws (Bagley-Keene Act of 1967 specifies rules for governing bodies; Brown Act of 1953 specifies rights of citizens to attend open meetings).
Among others, some key rules within these acts are:
A meeting is said to have occurred at any time a quorum of the senate is achieved (quorum defined in bylaws)
Agendas of all meetings must be posted 72 hours in advance
All votes must be recorded and published according to who voted (names) and how
Minutes of each meeting must be taken, approved, and adopted by the body

4. Why This Matters to SMCCCD
All three college senates, and the district senate, were formed as Senates of the Whole, which means the Open Meetings Acts can be unintentionally violated in the following situations:
Each time a significant number of senators (all faculty) convene (Opening Day events, campus forums, campus-wide meetings and events)
Violation: Requirement to post an agenda 72 hours in advance
Violation: Minutes must be taken, approved, and adopted by the body
Elections of officers by electronic ballot or elections of representatives by divisions
Violation: All votes must be recorded and published according to who voted and how

5. What Needs to Happen
Because it is exceedingly difficult to avoid violating the Open Meetings laws,
the DAS recommends that the senates of all three colleges, and of the district, convert from Senates of the Whole to Representative Senates
This requires a vote by EACH OF THE THREE COLLEGES OF THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT

6. What Will Change in becoming Representative Senates?
Elections
Senate officers will still be elected from the entire faculty, and by the entire faculty, but without violating Open Meetings Act rules
Senate representatives will still be elected/appointed/chosen, but without violating Open Meetings Act rules
Names of voters in elections, and how they voted, will not require publication
Meetings
Senate meetings will still be posted 72 hours in advance
All minutes will still be taken and approved, but by the elected body
Only elected members with voting status will vote at senate meetings
All votes in meetings will continue to be recorded and published according to who voted and how

7. Please Vote! Participatory Governance Depends on it!
Contact your local senate members if you have any questions or concerns about this very important vote.
The vote will take place in Fall All faculty will be notified of the vote with the DAS president’s letter prior to Opening Day.
Bylaws will be revised and presented as part of the ballot.
THANK YOU FOR ACTING IN ORDER TO BETTER FACILITATE FACULTY PARTICIPATORY GOVERNANCE!