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[Numbering indicates the month and year in which the ruling was made, i.e. October 2001 = 10.01A (A means 1st ruling that month.]
Formal rulings have been made as follows in response to requests for interpretation of Irvine Senate legislation where there has been no subsequent legislative or Regental action:
Bylaw 42, Departmental Organization and Voting [7.03]
The Committee was asked whether a faculty member can vote on his or her personnel case.
Ruling: It is never permissible for a faculty member to vote on his or her personnel case. Such voting is not explicitly excluded by the Academic Personnel Manual, but allowing a faculty member such a vote would necessarily involve an infraction of University rules against financial conflict of interest. This response has been written after taking the advice of University Counsel.
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Senate Bylaw 55, Departmental Voting Rights [4.07]
The Council on Academic Personnel asked CRJ to rule if teh Department of Music can delegate the authority of teh department vote to the chair for cases of dean Delegated Reviews.
Ruling: Faculty can vote to delegate the authority to the chair for such actions. CRJ also determined that the proposed voting procedure does require the approval of the Council on Academic Personnel.
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(Rescinded June 4, 2007)
Bylaw 48(A)(3), Membership on the Council on Academic Personnel [4.05]:
"No Dean, Associate Dean, Department Chair, or any other administrative officer whose regular duties include the initiation of personnel recommendations that are presented to the Council on Academic Personnel shall serve on the Council."
The Committee was asked to interpret whether this sentence should be interpret as:
(1) no Associate Dean will serve, or
(2) no Associate Dean who initiates personnel recommendations will serve.
Ruling: The Committee noted that a similar case involving the Council on Planning and Budget (CPB) was ruled so as to exclude all individuals with stated titles. On the other hand, the inclusion of the word “other” suggests that all associate deans initiate personnel recommendations, which is not the case. Therefore, the Committee CRJ ruled that an associate dean who does not initiate personnel actions may serve on CAP.
(Rescinded June 4, 2007)
Bylaw 115(A)(3), Membership of the Council on Planning & Budget [12.02]:
"No Dean, Associate Dean, Department Chair, Department Vice Chair, Director, or other administrative officer whose regular duties include the initiation of resource plans or budgets shall serve on the Council."
The Committee was asked to interpret whether this sentence should be interpret as:
(1) no Director will serve, or
(2) no Director whose regular duties include the initiation of resources plans or budgets will serve.
Ruling: The intent of this by-law regarding these two interpretations is not clear. The Committee interpreted that the wording of IB 115 excludes all individuals with the title "director" and "assistant director" from membership on CPB. | 