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Staff Council By-laws

Articles

Article I Name
Article II Authority
Article III Membership
Article IV Purposes
Article V Officers
Article VI Duties of Officers
Article VII Restrictions
Article VIII Committees and Appointments
Article IX Executive Committee
Article X Term of Office
Article XI Elections
Article XII Election Procedures
Article XIII Meetings
Article XIV Ad-hoc Committees/Appointments
Article XV Procedures
Article XVI Parliamentary Authority
Article XVII Ex-Officios
Article XVIII Amendments

Introduction

The West Virginia University Staff Council was created by the West Virginia Legislature under §18B-6-6, to provide the classified staff employees of West Virginia University a means to convey their concerns on employee-employer relations. This council was formed with the recognition that all matters at West Virginia University are governed by state law, West Virginia University Board of Governors (BOG), and West Virginia University policies and procedures.

The term “Classified Staff Employees” as used herein will mean those employees designated by the Higher Education Policy Commission (HEPC) as classified, and does not include faculty, Faculty Equivalent/Academic Professionals (FE/APs) or non-classified personnel, per West Virginia Code 18B-9-2.

Article I – Name

The name of this organization will be the West Virginia University Staff Council, hereafter referred to as the Staff Council.

Article II – Authority

  1. Authority for the Staff Council is granted by West Virginia State Code§18B-6-6. The Staff Council shall at all times conduct its affairs as defined by prevailing state law.

  2. The organization of the Staff Council will in no way affect the right of the University employees to belong to other organized groups of their choice, nor will it preclude the functioning of such organizations.

Article III – Membership

The Staff Council may consist of at least five (5) members from each of the five major occupational classifications (sectors) as defined by the Division of Human Resources. These classifications (sectors) are: Administrative/Managerial, Professional/Non-teaching, Paraprofessional/Technician, Clerical/Secretarial, Physical Plant/ Maintenance/Service. In addition to the above members, two ex-officio positions will be included in the Staff Council meetings. The Advisory Council of Classified Employees (ACCE) representative will have voting power and serve as ex-officio. The remaining ex-officio position is non-voting and is represented by the Vice-President for Human Resources or designee.

Article IV – Purposes

The purposes of the Staff Council are:

  1. To serve as a representative body for classified staff employees of the University.
  2. To participate in such policy matters of the University as may directly affect the classified staff employees.
  3. To provide a two-way medium for the exchange of information between employees and employers relative to problems of mutual concern.
  4. To consider methods and means by which employment conditions may be improved and operating efficiency of the University increased.
  5. To act in an advisory capacity to the President of the University.

Article V – Officers

  1. The officers of the Staff Council will be: Vice-Chair, Secretary/Treasurer, Parliamentarian, and two Members-at-Large. These officers will serve on the Executive Committee.
    1. The election of officers of Staff Council will take place at the first regular meeting in July.
    2. The non-voting ex-officio member of the Staff Council will conduct the election of officers.
    3. Nominations may be submitted, in writing, to the Staff Council Chair and to the Vice President of Human Resources (or designee) prior to the meeting. Nominations of officers will also be taken from the floor at the July meeting. Voting will be by secret ballot unless only one person is nominated. The nominee receiving the highest number of votes will be elected.
    4. The non-voting ex-officio member will document the vote tally to be recorded by the Staff Council secretary.
    5. The non-voting ex-officio member will announce the officers.
    6. In the event that an officer position becomes vacant, an election by members of Staff Council will be held in accordance with provisions of Article XII and will take place at the first meeting after notice of a vacancy is given. This section will not apply to the office of the Chair of Staff Council.
  2. The Staff Council may relieve any officer of the Staff Council, except the Chair, of his or her duties by a two-thirds vote of the total body of Staff Council.

Article VI – Duties of Officers

  1. The Chair will:
    1. Preside at all regular and special meetings and enforce all regulations and policies of the Staff Council.
    2. Preside over the Executive Committee and be responsible for preparing the committee structure and the Staff Council budget.
    3. Call special meetings when it is deemed necessary.
    4. Vote only in the event of a tie.
    5. Participate in the interview and recommend for hire the Staff Counci's Secretary.
  2. The Vice-Chair will:
    1. Preside in the absence of the Chair.
    2. Fulfill any unexpired term vacated by the Chair.
    3. Chair the Staff Council Legislative Committee and coordinate councils legislative activities.
    4. Coordinate with the Legislative Committee the development of the Staff Council legislative brochure.
    5. In the event of the absence of both the Chair and Vice-Chair at a regularly scheduled Staff Council meeting, the next officer present will conduct the meeting. Officers will serve in the order outlined in Article V Section 1.
  3. The Secretary/Treasurer will:
    1. Record and prepare minutes of Executive Committee meetings.
    2. Be responsible for fiscal records (Treasurer's Report) of the Staff Council.
    3. Present the Treasurer's Report to Council at regular meetings.
    4. The Secretary/Treasurer will, in the absence of the Staff Council secretary:
    5. Prepare and keep in permanent form the minutes of all meetings of Staff Council.
  4. Send a draft copy of the minutes to the secretary of the Staff Council within seven working days after the meeting. The secretary of Staff Council will distribute the minutes to the Staff Council at least five working days prior to the next regularly scheduled meeting.
  5. The Parliamentarian will:
    Advise the Chair and Council regarding parliamentary procedure in accordance with Robert's Rules of Order, in the most current edition.
  6. The Members-at-Large will:
    Perform duties as assigned.

Article VII – Restrictions

  1. 1. No agreement made by the officers or members of the Staff Council will be considered to be the Staff Council's position until it has been approved by Staff Council.
  2. Expenditures of Staff Council funds must be approved by a quorum of Council. Between regular monthly Council meetings, the Executive Committee will have authority to incur costs. In addition, office supplies not exceeding $200 per fiscal year may be purchased with the approval of the Chair.
  3. No proxy votes will be permitted.
  4. When the ACCE representative also holds a sector representative position, he/she will only have one vote.

Article VIII – Committees and Appointments

Standing Committees

Members of Staff Council standing committees are appointed by the Staff Council Chair and will serve for a two year term or the balance of the term of the vacated position.

The standing committees will elect a Chair after the Staff Council Secretary has notified all appointed members and has set up the initial meeting of the committee.

Each committee chair can recommend to the Staff Council Chair three individuals not serving on Staff Council (preferably one from each campus) to serve on his or her committee.

Each committee chair will bring all proposals in writing to the Staff Council for approval prior to implementation. Each committee chair will report at each regular monthly Staff Council meeting.

Each member of Staff Council will serve on at least one standing committee but
no more than two.

  1. Standing committees will be known as:
    1. Legislative
    2. Welfare
    3. Tuition Assistance
    4. Election Committee
    5. Compensation Committee
  2. Committee charges are:
    1. Legislative
      1. Review, research and inform Staff Council on issues pending executive or legislative action that could affect classified staff employees.
      2. Maintain and provide a list of key members of the Executive and Legislative branches of state government for distribution.
      3. Assist the Staff Council Chair through oral and written presentations regarding legislative matters and convey Staff Council's position on issues.
    2. Welfare
      1. Review and research issues concerning the welfare and benefits of classified staff employees.
      2. Review and research proposed changes in personnel policy and procedures that may affect classified employees.
      3. Recommend actions for Staff Council regarding welfare and benefit issues, as well as personnel policies and procedures
    3. Tuition Assistance
      1. Provide information, assistance and applications for tuition assistance to eligible classified staff employees who wish to pursue an undergraduate degree.
      2. Review and approve applications. The Staff Council Secretary will notify employees of their approval status.
      3. Inform Staff Council of necessary changes in procedures and policies in the Tuition Assistance Program as warranted.
      4. Administer the Scholarship Fund for Children of WVU Classified Staff, consistent with the WVU Foundation contract.
    4. Election Committee
      1. Oversees the Staff Council and ACCE elections.
      2. This committee is comprised of classified staff who are non-staff council members and operates under the Staff Council Election Procedures.
      3. Submit election changes for approval by Council before becoming official.
      4. Works with The Division of Human Resources on the administration of the election.
      5. In July of the year proceeding the election year, the Staff Council Executive Committee will appoint three (3) members of the Staff Council Election Nominating Committee. In August, these 3 members will submit the names of 8 nominees to Staff Council and Staff Council will select 5 individuals to oversee the election process (the Election Committee). In September, the 5 individuals of the Election Committee will take their positions, review state code and election procedures and recommend the election process to Staff Council.
    5. Compensation Committee
      The Compensation Committee meets with central Human Resources - Classification and Compensation quarterly to keep abreast/discuss any compensation issues or changes.
      1. Review and research issues concerning compensation philosophy, structure, and systems in regard to the classified staff employees.
      2. Works with the Legislative Committee and the ACCE representative to coordinate recommendations made to the state legislators regarding the compensation of classified staff employees.
      3. Recommends actions for Staff Council regarding compensation related communications to the WVU President and the classified staff employees.

Article IX – Executive Committee

  1. Membership
    1. Chair
    2. Vice-Chair
    3. Secretary/Treasurer
    4. Parliamentarian
    5. Two Members-at-Large
  2. Duties
    1. Members will serve as a channel through which classified staff employees may introduce matters for consideration by the Staff Council.
    2. Act for the Staff Council on an emergency basis between meetings of the Staff Council and report on these actions at the next regular Staff Council meeting.
    3. May assist the Staff Council Chair in making appointments to Staff Council standing committees.
    4. Assist in carrying into effect the rules, regulations and interpreting the By-laws of the Staff Council.

Article X – Term of Office

(Per WV Code 18B-6-6(c)).
  1. The term of office for a member of Staff Council will be two years and shall begin with the July meeting following election to Staff Council. Members of Staff Council are eligible to succeed themselves.
  2. Elections of representatives will be done in the manner prescribed in Article XII of the By-laws.
  3. Transfer of a Staff Council member from one occupational group to another shall not affect his/her unexpired term on the Staff Council.
  4. Vacancies will be created by death, termination of service to the University, resignation, or a combination of six unexcused absences of regularly scheduled Staff Council meetings and Staff Council meetings with the President of WVU during a fiscal year. An unexcused absence will be determined by a quorum of Staff Council members. University approved leave will not be counted as an absence. After a member has four unexcused absences, the Staff Council secretary will notify the member in writing that two additional unexcused absences will result in their removal from Council. Vacancies will be filled according to the Staff Council Election Procedures, Article XII. Members who work less than 12 month periods will have absences prorated according to their working months.
  5. The retiring Chair of the Staff Council may serve as advisor during the transition from one administration to another upon approval of the Council. If the retiring Chair is no longer serving as an active member of Staff Council, voting privileges will not be extended.

Article XI – Elections

During the month of April of each odd-numbered year, each president of a state institution of higher education, at the direction of the Staff Council and in accordance with procedures established by the staff council, shall convene a meeting or otherwise institute a balloting process to elect members of the staff council. Members are elected as follows:

  1. Five classified employees from the administrative/managerial sector;
  2. Five classified employees from the professional/non-teaching sector;
  3. Five classified employees from the paraprofessional/technician sector;
  4. Five classified employees from the clerical/secretarial sector;
  5. Five classified employees from the physical plant/maintenance/service sector;
  6. One classified employee to serve as ACCE Representative.
  7. One classified employee to serve as Staff Council Chair.

Article XII – Election Procedures

Section I – Position and Terms

Staff Council occupational classification representatives will serve two-year terms beginning on July 1 and ending June 30.

Staff Council Chair will serve a two-year term beginning on July 1 and ending on June 30.

The ACCE representative will serve a two-year term beginning on July 1 and ending on June 30. The ACCE Representative serves as an ex-officio, voting member of the Staff Council.

The BOG representative will serve a two-year term beginning July 1 and ending on June 30.

Section II – Election Committee

  1. The Election Committee will be appointed at least bi-annually by the Staff Council Executive Committee in July of the year preceding the election. By intent, considerable discretion is left to this committee to make working decisions to ensure a timely election.
  2. Membership of the Election Committee will consist of three classified employees. The Staff Council non-voting ex-officio Vice-President of Human Resources (or designee) will serve in an advisory capacity.
  3. The Staff Council secretary will be available to provide support to the Election Committee as required.
  4. The Election Committee will keep a file of all notes, correspondence, recommendations, forms used, press releases, meeting minutes, etc. This file will be retained by the Staff Council Secretary at the end of the committee’s service and will be forwarded as a traveling file to be used as a guideline for the next appointed committee.

Section III – Election Authorization

  1. Staff Council positions are provided for by WV Code 18B-6-5, 18B-6-6, and 18B-2A-1 as well as the Staff Council By-laws.
  2. The ACCE is provided by West Virginia State Code Section 18B-6-4.

Election procedures have been established by§18B-6-6. The ACCE election procedures are included as a guiding part of these election procedures and are attached.

Section IV – Eligibility

Any WVU classified staff employee receiving a paycheck February pay cycle II will be eligible to nominate, vote, be nominated, or be elected to any of the positions identified above. The term “Classified Staff Employee” as used herein will mean any regular full-time or regular part-time employee of the BOG who holds a position that is assigned a particular job title and pay grade in accordance with the personnel classification system as established by the Higher Education Policy Commission (HEPC) (West Virginia State Code 18B-9-2(a). This does not include faculty or non-classified personnel (West Virginia Code 18-26-9c).

Section V – Nominations

  1. Sample nomination/petition form, the election procedures and the time line will be advertised as directed by the Election Committee during the last ten days of February. Additional copies will be distributed upon request from the Staff Council office.
  2. Each classified staff employee may nominate one person in each occupational sector for Staff Council. No write-in candidates will be accepted during the election due to the eligibility check off procedures.
  3. Each classified staff employee may nominate one person to the ACCE. No write-in candidates will be accepted during the election due to eligibility verification requirements.

    4. Nomination/Petition forms will be mailed, emailed or delivered to: Human Resources - Employee Relations at One Waterfront Place in Morgantown before 4:30 p.m. on March 15 or the next workday thereafter (if March 15 falls on a weekend) to be counted as eligible.

  4. Names of the nominees and the nominators will be verified against the Master List of eligible employees by the Division of Human Resources.

    5. Upon verification of candidates, any occupational sector left open will be conveyed to the Staff Council Chair. The Election Committee is then authorized to solicit candidates for those open sectors to facilitate a full election by advertising in the various University communications media for one week.
  5. A nominee will be considered a candidate if the following conditions are met:
    1. He or she is an eligible classified employee as defined in the Staff Council Election Procedures, Article XII - Section IV.
    2. He or she consents in writing to serve, if elected. An email will meet this requirement.

Section VI – Election Procedures


  1. The Election Committee will request that the Division of Human Resources provide a report of all WVU full-time or part-time regular classified employees receiving a paycheck in the February cycle II. The report and labels must list the employee’s name, department, campus address, and check distribution point. The report must be sorted in alphabetical order by last names. The labels must be sorted by check distribution point. All verification of employee eligibility to participate in the election process will be reconciled to the report, which will be designated as the “Master List.”
  2. Ballots will be prepared listing the candidates’ names printed by the luck of the draw. Short statements of 50 words or less, provided by the candidates, will accompany the ballots. These statements are an integral part of the balloting procedure and under no circumstances will they be deleted from the election process. Ballots will contain clear, concise instructions specifying cut off dates, voting procedure, and instructions for return of ballots to a designated collection point.
  3. Ballots will be available both electronically and paper based.
  4. Announcement of the vote will appear in various University communications media. Such announcement will include instruction for electronic voting as well as information about the paper voting process.
  5. Paper based ballots will be accepted in person only. Employees must show photo identification in order for their completed ballots to be accepted.
  6. Employees may vote only once whether that be an electronic or paper vote.
  7. Ballots will be reviewed for compliance with the ballot instructions and voter eligibility by employees of the Division of Human Resources. Any ballots deemed ineligible, will be retained and be made available for examination by any candidate. Electronic ballots will be counted automatically by the election software. Any paper ballots will be counted in the presence of three (3) employees of the Division of Human Resources. Ballot counting may be observed by any University employee who wishes to attend. The time and location of the paper ballot count will be announced in various University communications media.
  8. Both preliminary and final election results will be posted immediately outside the Staff Council office and reported in writing to the University President and announced through various University communications media.
  9. A recount based on preliminary results may be requested in writing to the Division of Human Resources by any candidate within five (5) working days from posting of the preliminary results. Any such recount must be completed by the Division of Human Resources within ten (10) working days from the date of the receipt of the written request. A candidate may only request a recount for votes involved in his or her sector. Unless determined otherwise by the Division of Human Resources, there will only be one recount per sector. Each candidate within the affected sector will be notified of the re-count within 24 business hours of the recount. Each candidate within the affected sector may designate one person, other than themselves, who is an eligible voter to serve as an observer during the recount process.
  10. Once a re-count has been completed, any election tie between two candidates will be determined by a flip of a coin. Heads will win. The affected candidates may be present for the coin toss.
  11. If a tie exists between three (3) or more candidates, one card will be drawn from a deck of cards, with the person drawing the highest card winning. An ace is the highest card.
  12. Except as otherwise expressly set forth herein, the Election Committee will resolve by a majority vote of the committee all election related questions, disputes, and challenges. Clarification of non-addressed procedures will be taken to the Staff Council Executive Committee.
  13. If no request for recount is made as provided herein within five (5) working days of the posting of the preliminary results, the preliminary results become the final results.
  14. The Election Committee will submit a written report during the May Staff Council meeting regarding the election. The report should include any suggested changes for the identified difficulties during the election.
  15. Names of the elected members will appear in the minutes of the May Staff Council meeting.

Section VII – Vacancies


  1. Vacancies concerning the ACCE representative during unexpired terms of office will be filled by persons receiving the next highest vote in the respective position. Should all respective candidates, in descending order of election vote tallies, decline to fill the vacancies for any of the above positions, the announcement of the vacant position will be advertised for one week inviting interested employees to apply for the position. These individuals will be instructed to submit a letter of intent to the Vice President of Human Resources (or designee) who will verify the job code, job title, and benefits status. The verified names will be forwarded to the Staff Council Chair. The Staff Council Chair will present all verified eligible names to Staff Council. Staff Council will elect the replacement for the vacant position(s)
  2. All vacant positions will be advertised until filled at the discretion of the Council.


Article XIII – Meetings

  1. Regular meetings of Staff Council will be held once a month. This meeting will be held on a day and during a week of the month to be determined by Staff Council at its July meeting. In addition, at the call of the Chair, the Staff Council may meet as needed. With appropriate notification to the President of the institution, the Chair may convene Staff Council meetings for the purpose of sharing information and discussing issues affecting the classified employees or the efficient and effective operations of the University.
  2. An agenda must be prepared and distributed to all Staff Council members at least five (5) working days prior to the next regular meeting.
  3. The Staff Council will meet with the President of the University at least six times per fiscal year.
  4. A quorum at a regular meeting will be a majority of the total membership.
  5. All meetings will be open to the public with the exception of the Staff Council meetings with the WVU President. Non-members of Staff Council may participate in discussions upon recognition by the Chair of Staff Council.
  6. The Staff Council will meet at least annually with the BOG to discuss matters affecting classified employees and the effective and efficient management of the institution.
  7. Attendance - see Article X section 4.

Article XIV – Ad-Hoc Committees/Appointments

The Staff Council will create Ad-Hoc committees as necessary. The Staff Council Chair will appoint all Ad-Hoc committees and designate a chair. Ad-Hoc Committee appointments will end June 30th of each fiscal year. No agreement made by any Ad-Hoc Committee will be considered to be the Staff Council’s position until it has been approved by the Staff Council.

Article XV – Procedures

  1. Any classified staff employee can submit items in writing to any member of Staff Council or the Staff Council Office to consider for inclusion to the agenda. The Staff Council member or the Staff Council Secretary will inform the Chair of the proposed agenda item at least seven (7) working days prior to the next Staff Council meeting.
  2. The Staff Council member receiving the request will respond to the employee in writing as to the disposition of the Council on the matter upon notification by the Staff Council Chair within 5 working days following the meeting.

Article XVI – Parliamentary Authority

Robert’s Rules of Order, in the most current edition, will govern the business proceedings of Staff Council unless otherwise specified in these By-laws.

Article XVII – Ex Officios

  1. The Vice-President for Human Resources or designee will serve as a non-voting ex-officio member of the Staff Council.
  2. The ACCE representative will serve as voting ex-officio member of the Staff Council.

Article XVIII – Amendments

Amendments to the By-laws may be made by a two-thirds vote of the total body of Staff Council.

A notice that an amendment is to be proposed must be given to all members of the Staff Council at least five (5) work days before the meeting at which the amendment is to be proposed. The notice will contain the proposed amendment in context. Friendly amendments to the proposed amendment may be suggested and voted upon to any amendment being proposed.