UNH Faculty Senate

Summary Minutes from 25 October 1999



            	      UNIVERSITY OF NEW HAMPSHIRE
                  	    FACULTY SENATE

OCTOBER 25, 1999                     			MINUTES SUMMARY
                                                  
                                                  
                                                  
I.  Roll - The following Faculty Senate members were absent: de la
Torre, Draper, Macieski and VonDamm.  Absent as work to rule were
Barretto, Carr, Christie, Echt, Garland, Kaye,  Planalp, Roh, Stine and
Turner.  Excused were Afolayan and Williams.
                     
II.  Minutes - Regarding the September 27 senate minutes, in which the
third sentence on RCM had been questioned, the professor said that he
had not intended to make that statement; and so the senate approved
the deletion of that sentence from the September 27 minutes.  The chair
said that the minutes of the October 18 meeting have recently been
distributed and will be voted on at the November 8 senate meeting.
                          
III.  Motion on No Confidence and Motion on Moratorium - The Faculty
Senate chair ruled that the motion of no confidence and the motion on
a moratorium which were presented at the October 18 senate meeting
are out of order since they go against article nine of the senate's
constitution, which states that "collective bargaining issues may be
discussed, but no official action may be taken."  The senate chair added
that he was distressed that the author of the motions had given them to
the press.  The author stated that he had not done so and in fact had told
a reporter who called him that she would have to contact the senate
chair about seeing the motions.  The author of the motions answered
reporters' questions about the motions.  The senate chair withdrew his
comment.  Regarding ruling the two motions out of order, Karl Diller,
who was one of the major authors of the senate constitution and also a
strong member of the union, recently sent an email to the English
Department faculty  about these motions and said that his position is
"that they do violate article nine, and I would rule them out of
order....Article 9 was set up to head off any attempt of the
administration to try to bargain with the senate instead of with the
union.  There should not be that kind of mechanism for a divide-and-
conquer strategy.  And it works in reverse:  the senate should not try to
bargain with the administration and try to get them to adopt a
particular position (as for example, a fact finder report)."

A professor asked why the motion of no confidence had been discussed
and amended at the previous meeting if the motion was out of order,
but other faculty responded that the chair cannot be expected always to
rule immediately on a motion suddenly presented from the floor
without time for review.  A professor suggested that motions should be
considered by a senate committee rather than brought directly from the
floor.  The author of the original motions moved to appeal the ruling of
the chair, and Lori Hopkins seconded that motion, saying that
discussing these matters is important.  A professor suggested that, while
it is the union's province to deal with contract matters, the senate could
vote on a lack of confidence in the chancellor and his office.  Another
faculty member said that the University of New Hampshire should be
independent of the system office.  The senate agreed that it would vote
on the constitutionality of the chair's ruling and that the senate could
then immediately consider a motion with different wording.

The author of the original motions said that, although article nine of the
constitution may apply, there are other portions of the constitution,
such as the preamble, which are also relevant and which state that the
"responsibility of the faculty is the academic mission of the university." 
He asked which part of the constitution should take precedence over the
other.  What if there should be collective bargaining on course loads,
promotion and tenure, or academic freedom?  After discussion, the
question was called and the motion to appeal the ruling of the chair
regarding the motion of no confidence was defeated.  A motion was
made by Frank McCann and seconded by Jim Farrell to appeal the
ruling of the chair regarding the motion on moratorium.  This motion
also was voted on and defeated.

Jim Farrell moved and Todd Gross seconded a motion to repeal the
motion passed by the November 24, 1997, Faculty Senate that "to be
consistent with the University System of New Hampshire's policy not
to discriminate on the basis of sexual orientation in treatment or
employment and to provide a professional academic environment
which is attractive to the most qualified faculty regardless of sexual
orientation, be it resolved that the Faculty Senate of the University of
New Hampshire authorizes the chair of the Faculty Senate to urge the
Trustees of the University System of New Hampshire to extend its
benefits coverage to include same-sex domestic partnerships and in so
doing bring its benefits policies in compliance with the University
System of New Hampshire's non-discrimination policy and, as of
January 1, 1998, the non-discrimination policy of the State of New
Hampshire."  This matter was under contract negotiations at that time
and also now, and thus the 1997 motion could be considered as going
against article nine of the constitution.  Professor Farrell said that the
senate, to be consistent with its votes earlier in this meeting, should
rescind the above 1997 motion.  A discussion ensued on consistency.  A
professor suggested that the senate's understanding of its constitution
is like the body of common law which grows and evolves.  The motion
to repeal the November 24, 1997, motion was voted on and defeated.

Guy Petty moved and Mike McConnell seconded that it is the view of
the University of New Hampshire Faculty Senate that current
conditions of the university are undermining academic quality, are
contrary to the academic mission of the university and damaging the
academic reputation of the university.  After a number of friendly
amendments were made and accepted and much discussion, a motion
was made and passed to add the second paragraph of the original
motion of no confidence to the current motion.  That paragraph states:
"Therefore, the University of New Hampshire Faculty Senate, consistent
with its constitutionally-mandated responsibility to ensure the academic
quality and integrity of the university, hereby asserts its lack of
confidence in the Chancellor of the University System of New
Hampshire and the University System of New Hampshire Board of
Trustees."  

After another friendly amendment, the motion read that "it is the view
of the University of New Hampshire Faculty Senate that numerous
past and present actions of the Board of Trustees and the University
System of New Hampshire Chancellor threaten the University of New
Hampshire's academic quality, are contrary to its academic mission,
and are damaging its academic reputation.  Therefore the University
of New Hampshire Faculty Senate, consistent with its
constitutionally-mandated responsibility to ensure the academic
quality and integrity of the university, hereby asserts its lack of
confidence in the Chancellor of the University System of New
Hampshire and the University System of New Hampshire  Board of
Trustees."  This motion passed with twenty-two ayes, two nays and
five abstentions.

IV.  Adjournment - The meeting was adjourned.
                                                    

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