Advisory
Council on Administrative Policy |
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I-E Constitution and Bylaws of the Advisory Council on Administrative Policy
CONSTITUTION ARTICLE I – NAME The name of this organization shall be the Advisory Council on Administrative Policy (ACAP) of the New Mexico State University. ARTICLE II - FUNCTIONS Section A: ACAP’s function is to perform the following: 1. Investigate matters involving the policies and procedures of the administration
of the university. Section B: A copy of the minutes of each meeting of the ACAP shall be transmitted to the University President and posted on ACAP web site after approval. (http://www.nmsu.edu/~acap/) Section C: ACAP 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 employed full-time. Further elaboration of this definition shall be done as needed by ACAP. Section B: Membership of the ACAP shall be elected from the following groups which they shall represent. However, individual representatives shall not be restricted to considering matters pertaining only to the group from which they were elected. For purposes of voting and election, employees located in Las Cruces (including Cooperative Extension and Doña Ana Community College) will be considered as either faculty, exempt staff, or non-exempt staff as recorded in the Human Resources Office. Individuals employed outside Las Cruces (including Research Stations, Cooperative Extension, and other branch campuses) will comprise a separate group designated as “Outside Las Cruces” (OLC). ACAP membership should reflect actual distribution of regular employees at NMSU and total membership shall be 20. To maintain a representative membership, demographic information will be reviewed prior to election in odd years and membership adjusted according to the distribution at that time. ACAP Chair-Elect will prepare Demographic data and present to ACAP members in October for review and approval. The number of alternates for each group will be fixed. The group of non-exempt employees represented by a collective bargaining unit is not included in ACAP membership. The non-exempt employees not represented by a collective bargaining unit (Regular non-probationary full-time and part-time 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 ACAP membership. Las Cruces area groups (faculty, exempt staff, and appropriate group of non-exempt staff) will have four alternates each. Outside Las Cruces groups (Community Colleges, Research Stations/Cooperative Extension/others) will have one alternate each. There will be no more than one primary representative from a college, department or unit.
Section A: The ACAP 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 group indicating the number of positions 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 position to be filled to all personnel of each respective group by December 1 of each year. All personnel of a group may vote once for each position being filled from their group. 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 ACAP 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, ACAP 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, ACAP shall select, by secret ballot, an elected alternate representing the same group as the departing member to fill out the term. Every full-time employee of the groups 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 groups. ARTICLE VI - OFFICERS AND COMMITTEES Section A: At the regular February meeting, members of the ACAP shall elect from the primary representatives a chair, chair-elect, and secretary. The secretary 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 ACAP member, past-chair will act as an ex-officio member of both the ACAP and its Executive Committee during the 1-year past-chair term. Section B: ACAP shall have the power to create such committees as may be necessary. Section C: Any full-time employee shall be eligible to serve on any of the committees created. 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 ACAP at its
previous meeting, or at the discretion of Chair of the ACAP. 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 ACAP. Section D: A simple majority of ACAP shall constitute a quorum. Section E: The Chair shall notify ACAP 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, ACAP may replace the primary representative with an appropriate alternate. ARTICLE VIII - PROPOSITIONS AND CONSIDERATION Section A: ACAP may consider matters on its own initiative, matters submitted by the University President, or matters submitted by an individual employee of the university. Section B: All propositions except those made by the University President or by members of ACAP shall be communicated in writing to ACAP through the ACAP Chair, ACAP representative or the ACAP website. Section C: All ACAP recommendations will be sent to the University President in writing from the ACAP Chair ARTICLE IX – AMENDMENTS Amendments to this constitution may be proposed in writing by resolution of ACAP. Such proposed amendments shall be considered adopted if approved by a two-thirds majority of ACAP and by the University President. 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. BYLAWS 1. The Advisory Council on Administrative Policy shall establish from time to time bylaws to describe and define the manner by which its activities and functions shall be performed.
Chair
Past-Chair Secretary Recording Secretary
Alternate Representative 4. ACAP shall have an Executive Committee that consists of its officers, namely the chair, chair-elect, past-chair, and secretary. This Executive Committee shall maintain an agenda to conduct the business of ACAP and make other decisions that may appear necessary or business that ACAP may be asked to do. 5. ACAP shall have a permanent 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 ACAP. The ex-officio members shall be the Human Resources Services Director or a designated representative and the 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 ACAP. 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 ACAP if they are not a duly elected voting member. 6. ACAP shall have a permanent committee on insurance. The Insurance Committee will be comprised of eight 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 ACAP, the Director of University Health Center or their designee and the Controller or a designated representative. The ex-officio members shall be non- voting. Appointments to the Insurance Committee shall be made by ACAP and shall have 4 members that are current retirees and 4 members that are currently active employees. ACAP 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 ACAP, if they are not a duly elected voting member. 7. ACAP makes appointments to other campus committees as listed below. The ACAP representative to these committees is responsible for reporting committee activities to ACAP.
a. Administrative Council (ACAP Chair) b. Alcohol Review Committee – (one member) f. Compensation Committee - (2 members) g. Corbett Center Student Union (one member) k. Insurance Committee - (8 Members + 4 Ex-Officio) n. Non-Exempt Human Resource Board (Two members-non-exempt) o. University Budget Committee – (one member) p. First Light Federal Credit Union Committee (3 members – Annual Election) q. Roberts Award (Annual Election)
9. ROBERTS AWARD - A committee shall be appointed annually to select the recipient for the Stephen W. and Robert E. Roberts Memorial Staff Award. The Human Resources Office will request nominations as detailed in the Human Resources and Benefits Policy Manual. The selection will be made according to criteria found in that manual. Members (primary & alternate) of ACAP cannot be considered for this award during their term as a voting or alternate member. 10. FIRST LIGHT FEDERAL CREDIT UNION - A committee shall be appointed to select one non-exempt and one exempt staff member as recipients of the First Light Federal Credit Union Award. The committee will consist of at least three ACAP members (primary and alternate) and at least one First Light Federal Credit Union employee. The NMSU Foundation, Inc. will coordinate with First Light Federal with First Light Federal Credit Union for their representative(s) Member (primary and alternate) of ACAP shall not be considered for the award 11. The University President Representative shall be an ex-officio member of ACAP and its Executive Committee. The representative will attend all meetings and act as liaison between ACAP and the University President.
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