Report of the By-Laws Committee

Board of Governors -APPENDIX II - September 24, 1998

Amendments to By-Law No. 1

As required by by-law, notice of the following proposed amendments to By-Law No. 1 was given at the previous meeting of the Board (June 25, 1998).

a. Rescind Change to By-Law No. 1 of the Board - Quorum

Recommended: That the Board rescind the following change to By-Law No. 1 which was approved in April 1997 (BG.97-102):

F. QUORUM

1. A quorum of the Board consists of nine members, of whom at least five shall be members appointed or elected under clauses (b), (c), (d), and (h) of Section 9.(1) of the Act.

and reinstate the original quorum of "ten members, of whom at least five shall be members appointed or elected under clauses (b), (c), (d), and (h) of Section (9.)(1.) of the Act."

Background:

Section 15 of the UWO Act requires that "The quorum of the Board, to be designated by by-law of the Board, shall consist of not fewer than ten members, at least one-half of whom shall consist of members of the Board appointed or elected, as the case may be, under clauses 9 (1)(b), (c), (d), and (h)" of the Act. Although it would be possible to increase the quorum, it is not possible to reduce it below ten. Therefore, the change approved in April 1997 should be rescinded.

b. New Provision - By-Law No. 1, Section C

Recommended: That By-Law No. 1 of the Board of Governors be amended by the addition of the following provision as new C.5 (with current C.5 to be renumbered C.6)

C.5. Pursuant to Section 17 of the University of Western Ontario Act (1982, as revised in 1988), no member of the Board of Governors whose salary is paid under a collective agreement or Memorandum of Agreement between the University and a union or employee association may serve as a member of any team negotiating matters related to the remuneration or benefits, terms of employment, rights or privileges available to employees in a class or group of employees of the University.

Background:

This recommendation is the result of ongoing discussions with the President of the PMA about the conflict of an employee who sits on a negotiating team dealing with the salaries and benefits of employees.

c. Amendment to By-Law No. 1, Sec. E.7

Recommended: That By-Law No. 1, section E.7 dealing with voting, be amended as follows:

E.7. Each member shall have one vote except the Chair who [DELETE shall have only a casting vote may vote only when the vote is by ballot or to break or create a tie, but if the Chair creates a tie, the Chair cannot break it]. Voting may be by show of hands or by assumed consent where no dissent is voiced. A resolution signed by all members of the Board shall have the same force and effect as if passed at a regularly constituted meeting of the Board.

Background:

The amendment is proposed to make the by-law clearly consistent with the Board's Rules of Order which state in section 16: "The Chair may vote only when the vote is by ballot, or to break or create a tie, but if he creates a tie he cannot break it. A tie vote shall defeat the pending motion unless broken by the Chair." It is not necessary to state that a tie vote shall defeat a pending motion, as this is a standard parliamentary rule.

2. Special Resolution No. 1-C - Development & Fund Raising Committee

Recommended: That the composition of the Development and Fund Raising Committee (Section 3 of Special Resolution 1-C) be amended as shown below:

The membership of the Committee shall be:

The Chair of the Board
The Vice-Chair of the Board
The Chancellor
The President
The Vice-President (External)
The Director of Alumni Relations and Development
[DELETE] The Executive Director of Foundation Western
The Secretary of the Board (non-voting)

Up to three members of the Board, appointed by the Board
Up to five other members, appointed by the Board
[Was ONE member] Two members of the Board of Foundation Western, appointed thereby
[ADD]The President of The University of Western Ontario Alumni Association

Background:

These changes reflect the new relationship between the University and Foundation Western, as approved by the UWO Board of Governors and the Foundation Western Board in June 1998.

3. Special Resolution No. 3 - Banking

Recommended: That the Banking Resolution (Special Resolution No. 3) be amended by the addition of the Director of Pensions & Benefits to the list of signing authorities for cheques in section 3., Group "B".

Section 3 of the Resolution identifies the officers of the University who may sign for cheques:

Any one of Group "A" hereunder may sign cheques issued against bank accounts or other withdrawals therefrom, in any amount, together with any one of Group "B" hereunder:

GROUP "A"
Vice-President (Administration)
Senior Director - Financial Services Division
Manager, Corporate Accounting
Manager, Financial Analysis and Budget Administration

GROUP "B"
General Accounting Supervisor
Supervisor, Research Accounting
Payroll Supervisor
Treasury Analyst
Director of Pensions & Benefits

4. Special Resolution No. 9 - Election Procedures

Recommended: Subject to approval of a new section C.5 to By-Law No. 1, that the following amendments be made to Special Resolution No. 9 (Election Procedures):

Faculty-at-Large Constituency

Note: No member of the Board of Governors whose salary is paid under a collective agreement or Memorandum of Agreement between the University and a union or employee association may serve as a member of any team negotiating matters related to the remuneration or benefits, terms of employment, rights or privileges available to employees in a class or group of employees of the University.

Administrative Staff Constituency

Note: No member of the Board of Governors whose salary is paid under a collective agreement or Memorandum of Agreement between the University and a union or employee association may serve as a member of any team negotiating matters related to the remuneration or benefits, terms of employment, rights or privileges available to employees in a class or group of employees of the University.

Graduate Student Constituency

Note: No member of the Board of Governors whose salary is paid under a collective agreement or Memorandum of Agreement between the University and a union or employee association may serve as a member of any team negotiating matters related to the remuneration or benefits, terms of employment, rights or privileges available to employees in a class or group of employees of the University.

Faculty Elected by Senate

Note: No member of the Board of Governors whose salary is paid under a collective agreement or Memorandum of Agreement between the University and a union or employee association may serve as a member of any team negotiating matters related to the remuneration or benefits, terms of employment, rights or privileges available to employees in a class or group of employees of the University.

FOR INFORMATION

1. Special Resolutions No. 1-J and 1-K - Academic and Administrative Staff Pension Boards

The By-Laws Committee has approved minor changes to Special Resolutions No. 1-J and 1-K as shown below:

Special Resolution No. 1-J - Academic Staff Pension Board

Section 5:

The Plan shall be administered by the Pension Board which shall consist of the following members:

Four Members of the Plan, plus the following ex officio members:

The Vice-President (Administration) (or a designate)
The Senior Director (Human Resources) (or a designate)
The Director, Department of Pensions and Benefits

Special Resolution No. 1-K - Administrative Staff Pension Board

Section 5:

The Plan shall be administered by the Pension Board which shall consist of the following members:

Four Members of the Plan, plus the following ex officio members:

The Vice-President (Administration) (or a designate)
The Senior Director (Human Resources) (or a designate)
The Director, Department of Pensions and Benefits

These amendments reflect a position title change that occurred some time ago.

2. Board of Governors Election Schedule 1998

Faculty and Staff Constituencies

One faculty representative and one administrative staff representative are to be elected to the Board this Fall (terms from November 15, 1998, to November 14, 2002). The election schedule is outlined below:

1998 Board of Governors Election Schedule

Call for Nominations
September 10 (Western News)

Nominations Open
September 11

Nominations Close
4:00 p.m., September 24

Posting of Nominations
September 25

Distribution of Ballots
September 29

Balloting
September 30 - October 15

Polls Close
4:00 p.m., Thursday, October 15

Posting of Results (Deadline)
4:00 p.m., October 17

Publication of Official Results
October 22 (Western News)

Undergraduate Student Constituency

One undergraduate student representative is to be elected to the Board this Fall (term from November 15, 1998, to November 14, 2000). The election schedule is outlined below:

1998 Board of Governors Election Schedule

Call for Nominations [WWW, Gazette, Western News]
September 10

Nominations Open
September 11

Nominations Close
4:00 p.m., September 24

Mandatory Candidates' Advisory Meeting
5:00 p.m., October 1 [Room 142 UC]

Posting of Nominations
October 2

Distribution of Mail Ballots
October 6

Campaign Period
October 5 - 19 (incl.)

On Campus Polling
October 20 - 21

Deadline for Mail Ballots
4:00 p.m., October 21

Posting of Results (Deadline)
4:00 p.m., October 24

Publication of Official Results
October 29 (Western News)