ADVISORY COUNCIL OF CLASSIFIED EMPLOYEES

TO THE

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

AND TO THE

WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE

EDUCATION

The Advisory Council of Classified Employees (hereinafter referred to as the ACCE) to the West Virginia Higher Education Policy Commission (hereinafter referred to as the COMMISSION) and to the West Virginia Council for Community and Technical College Education (hereinafter referred to as the COUNCIL) was created to provide classified employees a means of conveying their concerns and recommendations on employee-employer relations to the COMMISSION, COUNCIL and to members of the legislative and executive branches of state government. The term classified employees shall mean those employees designated in Series 8 (Legislative rule) as classified and does not include faculty or non-classified personnel. Recognizing that all matters within this Legislative rule are governed by West Virginia Code (hereinafter referred to as WV Code), these By-Laws are formed.

BY-LAWS

ARTICLE I.   NAME

The name of this organization shall be the Advisory Council of Classified Employees (ACCE).

ARTICLE II.   AUTHORITY

Authority of and for the ACCE is granted in accordance with WV Code 18B-6-5. Being officially chartered in accordance with WV Code, ACCE shall at all times conduct its affairs as defined by the prevailing law, consistent with Robert's Rules of Order, Newly Revised. (10th Edition, 2000)

ARTICLE III.   PURPOSE

The purpose of the ACCE is:

  1. to serve as a representative body for all classified employees under the authority of the COMMISSION and of the COUNCIL in accordance with WV Code 18B-6-1a(i),
  2. to participate in such policy matters of the COMMISSION, COUNCIL, legislative and executive branches of state government that affect classified employees,
  3. to provide an avenue of information exchange concerning problems of mutual concern to the classified employees and to the COMMISSION, COUNCIL, legislative and executive branches of state government,
  4. to foster a spirit of unity and cooperation among all classified employees under the authority of the COMMISSION and of the COUNCIL in accordance with WV Code 18B-6-1a(i),
  5. to consider methods and means by which employment conditions may be improved and the operating efficiency of the COMMISSION and of the COUNCIL may be increased, and
  6. to act in an advisory capacity to the COMMISSION, COUNCIL, legislative and executive branches of state government.

ARTICLE IV.   ELECTIONS OF ACCE MEMBERS

Elections of the ACCE members shall be conducted in April of each odd-numbered year in accordance with WV Code 18B-6-5(b)(1).

Section 1. TERM OF OFFICE
The term of office for ACCE members shall be two years, beginning on the first day of July of each odd-numbered year in accordance with WV Code 18B-6-5(b)(2). Members of the ACCE shall be eligible to succeed themselves.

Section 2. MEMBERSHIP
The ACCE shall consist of one member from each state institution of higher education under the authority of the COMMISSION and of the COUNCIL in accordance with WV Code 18B-6-1a(i). Members of the ACCE shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses, including travel expenses, incurred in the performance of their official duties from funds allocated to state institutions of higher education from which members serve in accordance with WV Code 18B-6-5a(f).

ARTICLE V.   ELECTION OF ACCE OFFICERS

The officers of the ACCE shall be a Chairperson, Vice-Chairperson and Secretary. Election of officers shall be conducted per the following procedure at the regular meeting of the ACCE members to be held in July. The Chairperson shall be elected first, followed by the Vice-Chairperson in accordance with WV Code 18B-6-5(c) and then the Secretary.

Section 1. The Chairperson shall appoint an ACCE member from the COMMISSION members and an ACCE member from the COUNCIL members to serve as tellers. Tellers shall distribute, collect, count the ballots and report the voting results to the ACCE members. Tellers shall be ineligible to run for office but shall be eligible to vote. The ACCE members shall subsequently elect one of the two appointed tellers who shall handle the election process whenever a tie vote occurs for an ACCE officer position. The teller shall draw by lot from the names of the individuals who tied.

Section 2. Nominations shall come from the floor. Only elected members of the ACCE shall be eligible to nominate ACCE members for office.

Section 3. Officers shall serve a term of one year. The Chairperson shall serve no more than two consecutive terms as chair in accordance with WV Code 18B-6-5(c).

Section 4. Voting shall be by secret ballot from the ACCE members present at the meeting unless only one candidate is nominated for an office. No absentee or proxy voting shall be permitted. The nominee receiving a majority of votes for each office shall be elected.

Section 5. VACANCY

  1. Death, permanent incapacitation, termination of service to his/her institution, or resignation, shall cause vacancies.
  2. Vacancy of Chairperson shall be filled at a scheduled meeting of ACCE members initiated by the highest ranking officer to be held within thirty (30) days from the announcement of the vacancy. Nominations for the position shall be solicited and a slate of candidates presented to the ACCE members. A secret ballot shall be conducted during the meeting. The nominee shall serve the balance of the unexpired term.
  3. Vacancy of Vice-Chairperson and/or Secretary shall be filled through appointment by the Chairperson and shall serve until an election can be conducted.
  4. The Chairperson shall communicate an ACCE vacancy to the Chairperson of the local Staff Council and to the President of the institution.

ARTICLE VI.   DUTIES OF OFFICERS

Section 1. The Chairperson shall:

  1. preside at regular and special meetings of the ACCE and enforce the regulations, policies, and By-Laws of the ACCE,
  2. attend meetings of the COMMISSION and of the COUNCIL as well as meetings of the legislative and executive branches of state government as deemed necessary,
  3. serve as the official spokesperson for the ACCE,
  4. prepare and distribute to members an agenda prior to a regularly scheduled meeting,
  5. vote only in the event of a tie, with the exception of the election of officers,
  6. appoint members to, and initiate committees and sub-committees when necessity dictates,
  7. initiate the annual meeting with the COMMISSION and with the COUNCIL in accordance with WV Code 18B-6-5(g), and
  8. initiate an annual meeting with the legislative and executive branches of state government.

Section 2. The Vice-Chairperson shall:

  1. preside at regular and special meetings of the ACCE and enforce the regulations, policies and By-Laws of the ACCE in the absence of or as directed by the Chairperson,
  2. attend meetings of the COMMISSION and of the COUNCIL as well as meetings of the legislative and executive branches of state government as deemed necessary in the absence of or as directed by the Chairperson,
  3. serve as the official spokesperson for the ACCE in the absence of or as directed by the Chairperson,
  4. assist in the coordination of legislative activities,
  5. assist with the preparation of the agenda for regular and special meetings, and
  6. schedule a meeting of the ACCE members whenever a vacancy occurs in the office of Chairperson for the purpose of holding an election. The meeting shall take place within thirty (30) days of the announcement of the vacancy.

Section 3. The Secretary shall:

  1. prepare and keep in permanent form the approved minutes of all meetings of the ACCE in accordance with WV Code 18B-6-5(g). The approved minutes should reflect all resolutions, motions and formal requests presented,
  2. preside at regular and special meetings of the ACCE and enforce the regulations, policies, and By-Laws of the ACCE in the absence of or as directed by the Chairperson or Vice-Chairperson,
  3. have the authority to appoint another ACCE member to record the minutes of the meeting should the Secretary have to preside in the absence of the Chairperson and the Vice-Chairperson, or as directed by either officer,
  4. distribute to ACCE members copies of the approved minutes of all meetings of the ACCE prior to the next regularly scheduled meeting, and
  5. make approved minutes of all meetings of the ACCE available, upon request, to any classified employee of a state institution of higher education represented on the ACCE in accordance with WV Code 18B-6-5(g).

ARTICLE VII.   DUTIES AND RESPONSIBILITIES OF ACCE MEMBER

The ACCE member shall:

  1. regularly attend and/or appoint an alternate with a signed proxy to attend meetings of the ACCE,
  2. regularly communicate constituent concerns to the ACCE,
  3. regularly report to local Staff Council on the issues discussed and the action taken by the ACCE,
  4. communicate the vision, goals and successes of the ACCE through individual contacts at the institution, local and state level,
  5. establish working relationships with other institutional advisory groups as well as with institutional Board of Governors or institutional Board of Advisors,
  6. encourage members of local Staff Councils to attend meetings of their institutional Board of Governors or institutional Board of Advisors and the ACCE when feasible, and
  7. make available for classified employees the approved minutes of ACCE meetings.

ARTICLE VIII.   MEETINGS

Section 1. The ACCE shall meet at least once each quarter with additional meetings to be called by the Chairperson as deemed necessary. One of the quarterly meetings shall be held during the month of July, at which meeting the ACCE officers shall be elected.

Section 2. A quorum at a meeting of the ACCE shall be a majority of the elected members (more than one-half) of the ACCE.

Section 3. All meetings shall be open to the public except when the ACCE votes to meet in private.

Section 4. Non-members attending ACCE meetings may participate in discussions when recognized by the Chairperson.

Section 5. Non-member representatives who attend meetings of the ACCE with a signed proxy shall be afforded all member privileges except for voting in elections for ACCE officers.

Section 6. Any vote required outside of a regularly scheduled meeting can be submitted by mail, fax or email.

Section 7. The ACCE shall meet annually, between the months of October and December, with the COMMISSION and with the COUNCIL to discuss matters of higher education in which the classified employees or the commission or the COUNCIL have an interest in accordance with WV Code 18B-6-5(e).

Section 8. The rule of procedural order for all meetings shall be in accordance with Chapter 1 pages 15 through 25 of Robert's Rules of Order, Newly Revised. (10th Edition, 2000)

ARTICLE IX.   COMMITTEES

The Executive Committee shall appoint committees at the regularly scheduled meeting to be held during the month of July. This section in no way limits the recognition of any standing committees, subcommittees or ad hoc committees deemed necessary and appointed by the Chairperson or by the Executive Committee. Each Chairperson of established committees, subcommittees or ad hoc committees shall advise the Chairperson in advance of a regularly scheduled meeting that a report will be presented.

ARTICLE X.   RESTRICTIONS

In so far as practical, no position taken by the officers, committees, or individual members shall be considered the official position of the ACCE until such position has been approved by a majority of the ACCE members present at a meeting where the issue has been presented.

ARTICLE XI.   AMENDMENTS

Section 1. Amendments to the By-Laws must be approved by a two-thirds vote of the elected members of the ACCE, providing all members are given an opportunity to vote by mail, fax, email, or in person by the deadline established by the Chairperson.

Section 2. A notice of a proposed amendment must be given to all ACCE members at least one regularly scheduled meeting prior to the regularly scheduled meeting at which the amendment will be presented for a vote. This notice shall contain the proposed amendment in context and the general nature of the matter.

Section 3. Revisions to the By-Laws are effective upon passage.

 

On behalf of a majority of the Advisory Council of Classified Employees to the West Virginia Higher Education Policy Commission and to the Council for Community and Technical College Education, the ACCE Executive Committee has attested to approval of these By-Laws by the signatures below:

Amy Pitzer, Chairperson
Advisory Council of Classified Employees

Robert A. "Zac" Wycherley, Vice-Chairperson
Advisory Council of Classified Employees

Robert E. Long, Secretary
Advisory Council of Classified Employees

(Approved Revision 09/26/05)

Webmaster note: the 08/09/05 ByLaw revisions were voted on at the September 16, 2005 ACCE meeting and declared passed by the Chairman on September 26, 2005. For a WORD version see bylaws-2005aug09.doc.

The previous bylaws are bylaws-2004oct13.html (WORD version) and bylaws-2003may08.html.