CONSTITUTION
ARTICLE I- STATEMENT OF PURPOSE
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The Professional Employees Council (PEC) shall exist to contribute
to the success of Binghamton University and to the growth and welfare
of its professional employees. The Council shall seek an active
role in the policy decisions of the University. The Council shall
be a fact-finding, deliberative, and consultative body, with authority
to make studies, reports, and recommendations on all governance
matters which have a significant bearing on professional employees.
PEC shall operate, in accordance with the policies set forth by
the Board of Trustees of the State University of New York, as a
recognized part of the University's governance system, and shall,
as appropriate, work jointly with all the other component parts
of this system.
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ARTICLE II- CONSTITUENCY AND MEMBERSHIP
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1. The constituency of PEC shall consist of all professional staff
holding permanent, term, administrative or temporary appointment,
with the exception of a. The President and Vice Presidents b. Those
with academic or qualified academic rank whose primary responsibility
is teaching, research, or the Library. c. Those with voting faculty
privileges. Constituents with temporary appointment must complete
one (1) year of service before they can vote or hold elected office.
2. The membership of PEC shall consist of twenty-six (26) elected
representatives and the past Chair of the Council.
3. The composition of PEC shall follow those guidelines established
in the Standard Operating Procedures and shall be designed to ensure
the highest degree of representation.
4. The status of any member or constituent shall be determined
by the Council in accordance with the prescribed eligibility and
retention criteria, as set forth in the By-Laws.
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ARTICLE III- STRUCTURE
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1. PEC shall consist of twenty-six (26) elected representative
and the past Chair of PEC, each with one and only one vote.
2. PEC shall provide for such officers, agents, and committees
as are deemed necessary to carry out the business of PEC.
3. The business of PEC shall be to act as the responsible, representative
voice of the concerns and needs of our constituents and to investigate,
discuss, report, and make recommendations on those issues that are
consistent with the purpose of the Council.
4. PEC shall establish a calendar of regular meetings and forums
for the purpose of conducting its business. These meetings will
be conducted in a manner which allows access to interested constituents
and guests.
5. PEC shall provide for the recording of all business; the documentation
of all official meetings of the Council as a whole or in committee;
and the retention, safekeeping, and accessibility of these records
to the constituents or those permitted by the Council. No constituent
shall be denied access to the record of the PEC's business.
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ARTICLE IV- POWER AND AREAS OF INFLUENCE
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1. PEC shall be the officially recognized representative of professional
employees within the University governance system. PEC does not
claim to be, nor does it desire to be, the collective bargaining
agent for professional employees and disclaims any individual's
intent to identify it as such.
2. PEC shall act in those areas outlined in the purpose of its
existence. It shall work within the University governance system
to clarify and define its areas of influence and shall strive to
remain within the confines of its purpose. The Council may, however,
express support or non-support of governance issues outside its
area of influence.
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ARTICLE V- PROVISION FOR BY-LAWS, STANDARD OPERATING PROCEDURES
and ORGANIZATION
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1. PEC shall establish By-Laws for the effective and efficient
conduct of its business.
2. PEC shall provide for Standard Operating Procedures, to be reviewed
each academic year by the newly elected Council.
3. PEC shall establish its internal organization through its By-Laws
and Standard Operating Procedures.
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ARTICLE VI- PROVISIONS FOR AMENDMENT
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1. Request for Revision
A request for a revision of the Constitution or By-Laws may come
either from the Council itself or from the constituency. Requests
from the Council shall be submitted to the Executive Committee by
any member of the Council, with a second of at least one-quarter
of the members present at any regular business meeting of PEC. Requests
from the constituency may be submitted to the Executive Committee
in the form of a petition bearing the valid signatures of a number
of constituents equal to or greater than one-quarter of the number
voting in the most recent general election for PEC representatives.
2. Certification of Amendment
The Executive Committee shall review the proposed amendment, obtain
certification of any petition from the constituency, and make recommendation
for further action.
3. Recommendation for Action
If the sponsoring member or constituent is not satisfied with the
recommendation of the Executive Committee, the recommended action
may be challenged in the following manner: within the Council, the
proposed amendment may be brought to the floor with an appropriate
motion and may be discussed in full session, if a majority of members
present approve the motion to do so. The constituent may, upon petition
of at least one-third of the number of constituents voting in the
most recent general election, bring the proposed amendment directly
to the ballot. All proposed amendments recommended favorably by
the Council or by petition of the constituency shall be voted upon
by the eligible constituents in a timely fashion. A majority vote
of those casting ballots will determine the outcome.
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ARTICLE VII- ADOPTION
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This Constitution, and any amendments to it, shall be considered
to be in effect when ratified by a majority vote of those constituents
participating in a referendum and when approved by the President
of the University.
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