Appendix – RPM 2.42-A – Constitution and Bylaws of the NMSU Employee Council

NMSU EMPLOYEE COUNCIL CONSTITUTION

[Revised by Employee Council 01.10.13]

ARTICLE I – NAME

The name of this organization shall be the NMSU Employee Council

ARTICLE II – FUNCTIONS

Section A: NMSU Employee Council’s function is to perform the following:

1. Investigate matters involving the policies and procedures of the administration of the university.
2. Make recommendations based on such investigations to the Chancellor.
3. Establish and maintain an organization of the university staff for the following purposes:
   1. To provide communication between the staff and the administration of the university.
   2. To provide communication among the several parts of the university staff.

Section B:

1. A copy of the minutes of each meeting of the NMSU Employee Council shall be transmitted to the Chancellor and posted on NMSU Employee Council web site after approval. (ACAP).
2. All documentation produced by NMSU Employee Council will be preserved by:
   1. Including NMSU Archivist on the NMSU Employee Council’s listservs;
   2. Collecting and forwarding a copy of all NMSU Employee Council documentation to the NMSU Archivist.

Section C: NMSU Employee Council shall have complete authority to determine its own procedure.

ARTICLE III – MEMBERSHIP

Section A: The staff of the university, for the purposes of the constitution, shall consist of those people who are regular part-time and regular full-time employees who are not eligible to be members of a collective bargaining unit. Further elaboration of this definition shall be done as needed by NMSU Employee Council.

Section B: Membership of the NMSU Employee Council shall be elected from the following areas which they shall represent. However, individual representatives shall not be restricted to considering matters pertaining only to the area from which they were elected. For purposes of voting and election, employee areas (as recorded in the Office of Human Resource Services) are broken down as follows:

1. “Las Cruces Area” (includes Las Cruces campus, Doña Ana Cooperative Extension and Doña Ana Community College) will be divided into faculty; exempt staff; and non-exempt staff not represented by a bargaining unit. Through the election process, NMSU Employee Council will put forth its best efforts to assure:
   1. Membership represents the demographic distribution of classifications (i.e. faculty, exempt and non-exempt staff not represented by a bargaining unit); and
   2. Membership includes no more than one representative per classification from a NMSU summary organization as defined in the Banner hierarchy.
2. “Community Colleges outside Las Cruces Area” (includes all Community Colleges outside Doña Ana County) will be considered as a separate area.
3. “Others Outside of Las Cruces Area” (includes Research Centers, Cooperative Extension and other remote facilities) will be considered as a separate area.

Non-exempt employees represented by a collective bargaining unit are not included in NMSU Employee Council membership. The non-exempt employees not represented by a collective bargaining unit (non-probationary, non-exempt employees who are supervisors, managers, and confidential employees, sworn police officers, and employees employed outside the State of New Mexico) will be included in NMSU Employee Council membership.

NMSU Employee Council membership should reflect actual demographic distribution of regular employees at NMSU and total voting membership shall be 20. To maintain a representative membership, demographic distribution data will be reviewed prior to election in odd years and membership adjusted according to the distribution at that time. NMSU Employee Council Chair-Elect will prepare demographic distribution data and recommend distribution of membership for the following: Las Cruces Area distributed into faculty, exempt, non-exempt not represented by a bargaining unit; Community Colleges outside Las Cruces Area; and Others Outside of Las Cruces Area. The recommended distribution will be presented to NMSU Employee Council members in October for review and approval.

The number of alternates for each classification will be fixed. Las Cruces Area will have four alternates each. Community Colleges outside Las Cruces and others outside of Las Cruces Areas will have one alternate each. NMSU Employee Council will put forth its best efforts to assure that alternates have no more than one representative per classification from a NMSU summary organization as defined in the Banner hierarchy.

ARTICLE IV – NOMINATIONS, ELECTIONS, AND TERM OF OFFICE

Section A: The NMSU Employee Council Chair shall appoint at least three members to an Election Committee. Election board members may not be running for re-election. This Election Committee shall send nomination forms to all personnel of each respective area indicating the number of classifications to be filled. Whenever possible, these shall be sent by November 1 of each year.

Section B: Whenever possible, the Election Committee shall send ballots for each classification to be filled to all personnel of each respective area by December 1 of each year. All personnel of an area may vote once for each classification being filled from their area. Whenever possible, the completed ballots should be received by the Election Committee no later than the working day nearest the 15th of December. The ballots shall be counted by the Election Committee.

Section C: The Election Committee shall notify the Chair of NMSU Employee Council of the number of votes received by each candidate. The chair-elect shall keep this record for the 3-year term in the event that an alternate might need to be selected to fill an unexpired term.

Section D: In cases of tie votes, NMSU Employee Council membership shall vote by secret ballot to determine the winner.

Section E: The Election Committee shall notify each person who was nominated concerning the results of the election. Those elected begin serving their 3-year terms at the February meeting.

Section F: If a member is unable to complete the term of office, NMSU Employee Council shall select, by secret ballot, an elected alternate representing the same area and classification as the departing member to fill out the term.

ARTICLE V – ELIGIBILITY FOR VOTING AND HOLDING OFFICE

Every full-time employee of the areas listed in Section B of Article III shall be eligible to vote and to hold office. No person is eligible to vote in more than one of these areas.

ARTICLE VI – OFFICERS

Section A: At the regular February meeting, members of the NMSU Employee Council shall elect from the primary representatives a chair, chair-elect, and secretary/treasurer. The secretary/treasurer shall hold office for 1 year. The chair-elect shall serve as a member of the Executive Committee for 3 years: 1 year as chair-elect, 1 year as chair, and 1 year as past-chair. The chair shall serve for 2 years: 1 year as chair and 1 year as past-chair. In the event that the past-chair no longer serves as a primary NMSU Employee Council member, past-chair will act as an ex-officio member of both the NMSU Employee Council and its Executive Committee during the 1-year past-chair term.

ARTICLE VII -– MEETINGS

Section A: Regular meetings will be held the second Thursday of each month. Time and place of each meeting shall be determined by NMSU Employee Council at its previous meeting, or at the discretion of Chair of the NMSU Employee Council.

Section B: The Chair of NMSU Employee Council may call special meetings at any time. Such meetings shall be limited to the consideration of the specific items of business designated in the call of the meeting.

Section C: Any employee of the university may attend any of the regular council meetings. Visitors may participate in the discussions and deliberations at the invitation of the NMSU Employee Council.

Section D: A simple majority of NMSU Employee Council shall constitute a quorum.

Section E: The Chair shall notify NMSU Employee Council members of meetings in advance and provide members with a copy of the agenda for such meetings.

Section F: Primary representatives are requested to attend the monthly meetings on a continuous basis or send an alternate in their place. If a primary representative does not attend two consecutive meetings or fails to have an alternate attend, NMSU Employee Council may replace the primary representative with an appropriate alternate.

ARTICLE VIII – PROPOSITIONS AND CONSIDERATION

Section A: NMSU Employee Council may consider matters on its own initiative, matters submitted by the Chancellor, or matters submitted by an individual employee of the university.

Section B: All propositions except those made by the Chancellor or by members of NMSU Employee Council shall be communicated in writing to NMSU Employee Council through the NMSU Employee Council Chair, NMSU Employee Council representative or the NMSU Employee Council website.

Section C: All NMSU Employee Council recommendations will be sent to the Chancellor in writing from the NMSU Employee Council Chair

ARTICLE IX – AMENDMENTS

Amendments to this constitution may be proposed in writing by resolution of NMSU Employee Council. Such proposed amendments shall be considered adopted if approved by a two-thirds majority of NMSU Employee Council and by the Chancellor.

ARTICLE X

If any article, section, subsection, sentence, clause, or phrase of this constitution is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portion of this constitution.

NMSU EMPLOYEE COUNCIL BYLAWS

[Revised by Employee Council 01.10.13]

A. The NMSU Employee Council shall establish from time to time bylaws to describe and define the manner by which its activities and functions shall be performed.

B. NMSU Employee Council may make any motion into a bylaw by the agreement of two- thirds of the membership of the council. Bylaw changes will be presented and voted on at the next regular meeting.

C. Officers’ and representatives’ duties shall be as follows:

1. Chair:
   1. Preside at meetings
   2. Review and edit minutes with the secretary/treasurer
   3. Ex-officio member of all NMSU Employee Council committees
   4. Appoint ad hoc committees as needed
   5. Ex-officio member of Faculty Senate or Faculty Representative of NMSU Employee Council may be appointed to act as ex-officio member
   6. Member of the Retrenchment Emergency Action Committee
   7. Member of Administrative Council
   8. Reports NMSU Employee Council Activities at regular Board of Regents meetings
2. Chair Elect:
   1. Substitute for Chair when Chair is unable to serve
   2. Chair the Election Committee
   3. Chair the Roberts Memorial Staff Award Committee
   4. Serve as NMSU Employee Council chair the following year
   5. Chair of First Light Federal Credit Union Award Committee
   6. Keep a current record of primary and alternate members with dates of term expiration
3. Past-Chair:
   1. Serve as a non-voting member of Executive Committee
   2. Serve in advisory capacity to NMSU Employee Council
   3. Update Employee Council Web Page
4. Secretary/Treasurer:
   1. Serve as member of Executive Committee
   2. Serve as Council Parliamentarian
   3. Maintain a current constitution and bylaws of the council and have it available for use at all times
   4. Arrange for distribution of constitution and bylaws to council members and others as directed by the Chair
   5. Maintain a file of minutes for 3 years
   6. Transfer approved minutes with all presented attachments within 30 days after approval by NMSU Employee Council to the University Archivist.
   7. Oversee the management, recording and reporting of the Employee Council finances.
5. Recording Secretary:
   1. Prepare accurate records of all business meetings and will transmit those records on a timely basis to NMSU Employee Council membership
   2. Take roll at meetings (specify members, alternates, visitors)
   3. Determine if a quorum is present
   4. Keep an accurate record of business conducted
   5. Arrange for distribution of minutes to the Chancellor and to all NMSU Employee Council members (primary and alternate), and post on NMSU Employee Council web page
6. Primary Representative:
   1. Attend all regular and special meetings
   2. If unable to attend, arrange for an alternate to attend
7. Alternate Representative:
   1. Attend meetings as a nonvoting member (or stay informed about NMSU Employee Council’s business)
   2. Substitute for voting members as requested by a member or the chair
   3. Fill the unexpired term of a member from the same area and classification in the case of the member’s resignation
8. Chancellor Representative:
   1. Appointed by the Chancellor
   2. Attend all NMSU Employee Council and Executive Committee meetings as non-voting member
   3. Act as liaison between NMSU Employee Council and the Chancellor

COMMITTEES

A. NMSU Employee Council shall have the power to create such committees as may be necessary.

B. Any regular employee shall be eligible to serve on any of the committees created by the Employee Council, except those requiring membership in the Employee Council.

C. NMSU Employee Council shall have an Executive Committee that consists of the chair, chair-elect, past-chair (ex-officio), secretary/treasurer and Chancellor’s Representative (ex-officio). This Executive Committee shall maintain an agenda to conduct the business of NMSU Employee Council and make other decisions that may appear necessary or business that NMSU Employee Council may be asked to do.

D. NMSU Employee Council shall have a standing committee on fringe benefits, excluding insurance. The Fringe Benefits Committee will be comprised of seven members plus two ex-officio members. The Fringe Benefits Committee members shall serve staggered 3-year terms, subject to reappointment by NMSU Employee Council. The ex-officio members shall be the Human Resources Services Director or a designated representative and the associate vice president budget/controller or a designated representative. The ex-officio members shall be non-voting. One member shall be an NMSU retiree and an alternate for the retiree will be appointed. Appointments to the committee shall be made by NMSU Employee Council. The Fringe Benefits Committee shall elect its Chair and other such officers as it deems necessary. The Chair shall serve as an ex-officio, nonvoting member of NMSU Employee Council if they are not a duly elected voting member.

E. NMSU Employee Council shall have a standing committee on insurance. The Insurance Committee will be comprised of six members plus four ex-officio members. The Insurance Committee members shall serve staggered 3-year terms. The ex-officio members shall be the Human Resources Services Director or a designated representative, the Pioneer Representative from NMSU Employee Council, the Director of University Health Center or their designee and the associate vice president budget/controller or a designated representative. The ex-officio members shall be non-voting. Appointments to the Insurance Committee shall be made by NMSU Employee Council and shall have 3 members that are current retirees and 3 members that are currently active employees. NMSU Employee Council will also appoint one alternate that is a retiree and one alternate that is a current employee. The Insurance Committee shall elect its Chair and other such officers as it deems necessary. The Chair shall serve as an ex-officio, non-voting member of NMSU Employee Council, if they are not a duly elected voting member.

F. NMSU Employee Council shall establish committees to do various assignments as they develop. The following steps shall prevail in setting up the membership and organization of such committees: (1) NMSU Employee Council will select the membership of each committee; (2) the Chair of the committee shall be selected by NMSU Employee Council or the Executive Committee; (3) the Executive Committee shall instruct the Chair and the members of the committee on (a) the objectives proposed for the accomplishment of the committee; and (b) a proposed time schedule for the accomplishment of the objectives, with the right of the committee to make adjustments in both (a) and (b) with the consent of the Executive Committee. The committee will be considered as discharged when it completes the assignment.

G. ROBERTS AWARD – A committee shall be appointed annually to select the recipient for the Stephen W. and Robert E. Roberts Memorial Staff Award. Human Resources will request nominations, compile the results, and provide the committee with the original nominations. The selection will be made according to criteria established by Human Resources. Members (primary & alternate) of NMSU Employee Council cannot be considered for this award during their term as a voting or alternate member.

H. NMSU Employee Council makes appointments to other campus committees as listed below. Any regular part-time and regular full-time employees who are not eligible to be members of a collective bargaining unit shall be eligible to serve on any of the committees supported by the Employee Council, except those requiring membership in the Employee Council. The NMSU Employee Council representative to these committees is responsible for reporting committee activities to NMSU Employee Council. Council shall not be considered for the award.

STANDING COMMITTEE APPOINTMENTS

A. Administrative Council (Employee Council Chair)

B. Alcohol Use Committee (one member)
(Term 3 yrs. Mar/Feb)

C. Athletics Council (one member, staff only)
(Term 2 yrs. Sept/Aug)

D. Bookstore Innovation Group (one member)
(Term 2 yrs. Sept/Aug)

E. Building Naming Committee (Employee Council Chair)
(Term 1 yr. Mar/Feb)

F. Building the Vision Committee (Two Employee Council members appointed by the Provost)
(No term established)

G. Campus Planning Committee (one member)
(Term 3 yrs. Sept/Aug)

H. Corbett Center Student Union (one Employee Council member or alternate)
(Term 1 yr. May/Apr)

I. Emergency Action Committee (Employee Council Chair or designate)
(No term established, formed when necessary)

J. Faculty Senate Liaison (one Employee Council member)
(No term established)

K. Food Service Advisory Committee (one member)
(No term established)

L. Human Resources Board (Two exempt Employee Council members and two non-exempt Employee Council members)
(Term 3 yrs. Jan/Dec)

M. Staff Advisory Group on Diversity (one Employee Council member)
(No term established)

N. Sustainability Council (one Employee Council member)
(Term 3 yrs. Mar/Feb)

O. Transportation and Parking Services Steering Committee (one member)
(No term established)

P. University Budget Committee – (one member)
(Term 2 yrs. Mar/Feb)