Governance Council
Monday, November 04, 2013
11:30AM
UNH 306
Joette Stefl-Mabry, Chair
Minutes
Present:
Liang Chu, Saurav Dutta, Cynthia Fox, Yenisel Gulatee, Caitlin Janiszewski, Ann Kearney,
Helene Scheck, John Schmidt, Kabel Stanwicks, Joette Stefl-Mabry, Zheng Yan
Guests:
Christine Wagner
The meeting convened at 11:35 am.
APPROVAL OF MINUTES
The minutes of October 21 were approved as written.
CHAIR’S REPORT
Update re: meeting with President to Discuss Committee on Assessment of Governance and
Consultation.
Chair Stefl-Mabry reported that she met with President Jones regarding government assessment. The
president was pleased that the matter was being addressed and offered his support in providing needed
resources to conduct the process. He stressed the importance for the faculty to maintain data and he would
like to be provided with any reports. Chair Stefl-Mabry told the president the faculty would like to maintain
control of the assessment process and he was in favor of having them doing so. President Jones informed
Chair Stefl-Mabry that and he and Provost Phillips will roll out a plan for reviewing administrators in March.
CPCA Issues Concerning UUP Contract and CNSE Separation:
Chair Stefl-Mabry invited Senate Chair Christine Wagner to attend the meeting for a discussion of the alleged
conflict between the membership of CPCA and the UUP contract, as well as the implications on CPCA’s
procedures in light of the separation of CNSE.
Chair Wagner began by discussing a conversation she had with William Hedberg and Benjamin Weaver from
the Provost’s Office. Mr. Hedberg had recounted a conversation with SUNY’s legal counsel who assisted in
drafting the UUP contract. His viewpoint was that the intention has not been to limit CPCA’s membership to
just teaching faculty, but the Board of Trustee’s policy supports faculty of academic rank as members. This
has created a perception of a conflict by UUP. Based on the discussion, Chair Wagner suggested that GOV
decide if the conflict is real or perceived and, if deemed real, to draft an amendment to the Charter to include
language limiting CPCA’s membership to academic employees. Chair Wagner also suggested that if such an
amendment were drafted, it should be reviewed by University Legal Counsel, John Reilly to assure that no
legal issues were overlooked. It would then be placed on the Senate agenda for some time in the spring
semester.
GOV members considered the timeline for such an amendment and whether it would go into effect
immediately or next year. A discussion ensued regarding the implications on the current membership of
CPCA if it were to become effective immediately. Chair Wagner said that currently, professional members
have been recusing themselves and students have been attending but not voting. She believed that if the
amendment were to be effective immediately, current non-academic members would have to be removed from
the council. GOV then discussed how the reduction of membership might affect the outcome of a vote,
especially in the event of an even number of members. A review of the current membership showed twelve
members approved by a vote of the Senate 11 of which are academic employees.
The discussion then turned to the potential of CNSE cases being advanced to CPCA and how they would be
handled. Chair Wagner said based on Provost’s Phillips’s report to the SEC, the approach the Senate is taking
is to consider CNSE part of the University until informed otherwise. Any business from CNSE will continue
to be processed through the University at Albany Senate.
Chair Stefl-Mabry inquired about the letter from CNSE regarding the resignation of the CNSE senators and
council members from the Senate. Chair Wagner said the letter came from Alain Diebold who is chair of the
faculty council at CNSE. Chair Stefl-Mabry wanted to know if any of the affected individuals had been
queried separately. She expressed concerns about the actions of the faculty setting a precedent which may be
an issue for the ad hoc committee to address. Chair Wagner said she believed it was a CNSE matter and that
if CNSE faculty and staff wanted to serve on the UAlbany Senate they would take it up with their faculty
council. She added that we will still have students from CNSE serving on the Senate. Senators Fox and
Scheck expressed their concerns about Chair Stefl-Mabry’s statement of this setting a precedent which may
open the door for faculty councils from other schools and colleges to follow with similar actions. Chair
Wagner said this is a discussion for GOV. Since CNSE is actively in the process of becoming separate, at
some level, it creates a conflict of interest as Chair Diebold cited in his email. The circumstances would be
different if one of the other schools and colleges decided they no longer wanted to participate in governance
and GOV would have to take up the matter if that happened. Chair Stefl-Mabry asked if an administrator
could force someone to resign from the Senate if a school or college decided they no long wanted Senate
representation. They could look at this particular situation siting that it had been done in the past. Chair
Wagner said she didn’t believe an administrator could force someone to resign. She added that a school or
college could chose to leave a Senate seat vacant as CAS has done in the past but it would be a matter for
GOV to address. Chair Wagner said she believed the implementation team will advance some of the issues to
the CAC. At some point these issues will be brought to the Senate as well as CPCA. In the short term, GOV
needs to discuss what to do with the three vacant seats left by CNSE. She thanked GOV for their
consideration of the issues.
Chair Stefl-Mabry asked GOV to continue the discussion concerning the perceived conflict between UUP and
CPCA. A vote showed that GOV members were in agreement that a conflict existed. They also agreed that an
amendment would need to be drafted that would change the membership of the council by eliminating seats
for professionals and students. GOV members discussed when the amendment would become effective,
either immediately or next year. There did not seem to be any benefit in waiting since the non-teaching
members were already recusing themselves or abstaining from voting. GOV agreed that the language should
reflect that it becomes effective immediately. A suggestion was made to identify teaching faculty but the
need would be unnecessary by eliminating Sections X.7.1.2 through X.7.1.5 in the Charter Reference to
CPCA. Senator Fox questioned whether or not the minimum membership of teaching faculty should be
increased and if the remaining membership would be a diverse faculty membership. There were also concerns
about the effect the current number of teaching faculty would have on obtaining a quorum. GOV agreed that
the membership of teaching faculty should be expanded to at least 11 but no more than 15 teaching faculty,
four of whom must be senators, representing varied academic disciplines including the University Libraries.
A motion to approve the amended language was passed unanimously by a vote. The amendment will be
forwarded to University Legal Counsel and then to the Senate. The Senate schedule was reviewed for
meeting the time requirements of submission before it comes up for a vote. Chair Stefl-Mabry will present
the amendment to the SEC and hopes to introduce the bill to the Senate in December and then for a vote in
February.
UNFINISHED BUSINESS
Discussion concerning the Committee on Assessment of Governance and Consultation
Chair Stefl-Mabry referred to the web links included in the agenda concerning governance evaluations,
specifically the questions under Evaluation of Shared Governance. Senator Scheck said the questionnaire was
a good starting point. Chair Stefl-Mabry queried GOV as to whether this would be a matter for them to
address this year. Senator Fox believed this would be a good time now that a new president is on board.
Professor Dutta referred to a conversation at the last meeting about similar work GOV had engaged in the first
year it convened in 2004-2005, and its outcome. Senator Scheck was on the council and she referred to a
survey that had been completed at that time. By the time the survey was completed though, it was the end of
the year and it does not appear the matter was taken up the following year. Chair Stefl-Mabry said she would
attempt to obtain those records to see what was done.
Chair Stefl-Mabry asked how GOV might proceed. Professor Schmidt suggested the committee develop a
questionnaire and consider ways to encourage faculty to participate in governance. Chair Stefl-Mabry said
the questionnaire might provide an opportunity to see what the Senate does. She asked GOV members about
the formation of the committee and if it should be taken on as a committee of the whole. Professor Dutta
suggested the committee be formed as outlined in the Charter. The composition of the committee was
reviewed which is stated as follows:
X.1.3.1. The Committee on Assessment of Governance and Consultation shall consist of no more
than 8 members, including at least 3 members of the Council, at least 5 Teaching Faculty, and no
more than 2 voting members selected from Faculty or Staff who are not students or Voting Faculty.
Chair Stefl-Mabry believes the committee could be populated with much of GOV’s existing members with
two additional members from the faculty. Secretary Gulatee and Professor Chu volunteered to be on the
committee. Professor Dutta suggested faculty members from Social Science or Economics.
GSA Senator Janiszewski will recruit a graduate student for the committee.
NEW BUSINESS
CAFFECoR:
Chair Stefl-Mabry asked GOV members to consider the charges for CAFFECoR in light of the recent defeat
of the amendment to abolish the committee, especially in dealing with pending initiatives such StartUp NY.
Senator Fox suggested referring to the committee’s original intent from the Charter which she believed could
be helpful in providing direction to address some of those initiatives. It may be possible to rework some of
the language in the Charter for doing so. Chair Stefl-Mabry said she envisioned the SEC forming a special
subcommittee to address issues such as StartUp NY and Open SUNY. She made a request for Senator Fox
and two other GOV members to work together on new charges. Chair Stefl-Mabry pointed out that the
Charter reference to intellectual freedom and its meaning may not apply with some of the new concepts. She
added there may be some issues related to UUP that will raise questions. Senator Janiszewski volunteers.
Senator Fox said she believed that Senator Scheck would also be willing to work on the matter.
ADJOURNMENT
The meeting adjourned at 12:54 pm.
Respectfully submitted by
Gail Cameron, Recorder