Constitution & By-laws of the University of Tennessee, Knoxville Campus, Institute of Agriculture, Institute for Public Service, and University Administration Exempt Staff Council
Believing that the fundamental goal of the state of Tennessee’s flagship and land-grant university is to serve as a dynamic force in society by providing both a reservoir of knowledge and a stimulating academic atmosphere for the transmission and application of that knowledge.
Believing that the establishment of such an atmosphere encourages the discovery of new truths and the development of an appreciation for human values.
Believing that the attainment of the above requires mutual understanding and joint effort of the governing board, administration, faculty, staff, and students.
Believing that a university functions most effectively under orderly but flexible and adaptive processes of administration and government. The exempt staff of the University of Tennessee, having sincere interest in and concern for the continuing goals, purposes, and functions of the university, and seeking active representation and involvement of staff in the affairs and mission of the university, establish this constitution and by-laws for the University of Tennessee Knoxville Campus, Institute of Agriculture, Institute for Public Service, and University Administration Exempt Staff Council.
Article I. Name
The name of this organization shall be the University of Tennessee Knoxville Area Exempt Staff Council.
Article II. Purposes
The purposes of the ESC are:
- To accept and share with the administration, faculty, and students responsibility for attaining the stated goals of the university and to foster a spirit of community.
- To serve as the representative body for the exempt staff employees of the University of Tennessee Knoxville Campus, Institute of Agriculture, Institute for Public Service, and University Administration.
- To act in an advisory capacity to the university administration and governance structure on issues of concern to exempt staff.
- To provide a source for administrative officials to call upon for representation from the exempt staff council on committees or task forces as deemed appropriate by those officials.
- To encourage the development of constructive suggestions for more efficient and effective operations in administrative and managerial areas of the university.
- To promote professional development among exempt staff through the exchange of ideas and techniques.
- To provide a two-way medium for the exchange of information between the staff and the administration.
Article III. Membership
Section A. Types and Number of Members
1. Elected ESC Representatives
The ESC shall include elected representatives from each of the Vice Presidents’ areas, the Office of the Chancellor, and any additional units with Knoxville area staff exempt personnel. The number of representatives from each area shall be divided into groups of exempt staff of 60 – 150 in number. If a single area has more than 150 exempt staff, it may have two representatives.
2019 – 2021
Exempt Staff Council Positions
- Vice President Finance & Administration
- Chancellor/Academic Affairs
- Arts/Sciences-Basic Sciences
- Law, Communications, Nursing, Architecture
- Education, Health, Human Sciences
- Social Work, Social Work Office of Research and Public Service
- Development & Alumni Affairs
- Graduate School of Medicine
- Information Technology
- Institute for Public Service Central Office, Naifeh Center, LEIC
- Institute for Public Service, CTAS
- Institute for Public Service, MTAS
- Institute for Public Service, CIS
- President & Staff Vice Presidents
- Student Affairs
- Vice Chancellor-Finance & Administration
- Institute of Agriculture
- Experiment Station
- Herbert College of Agriculture, UTIA Central Office, College of Veterinary Medicine
2. Ex Officio
Ex-officio members of the ESC will be the Immediate Past Chair, Vice Chancellor of the Office of Equity and Diversity, Vice President and Chief Human Resources Officer, University Ombudsperson and Director of the Office of Ombuds Services, and the Vice President for the Institute of Agriculture, or their designee.
Section B. Eligibility
All ESC representatives shall be regular exempt staff employees.
Section C. Duties
The duties of the ESC members are as follows:
- Each ESC representative is encouraged to attend all regular ESC meetings. If an ESC representative is not able to attend a meeting they are requested to contact the Chair and the Secretary. The representative, where possible, may send another person from their area to the meeting.
- Any elected ESC representative who has three consecutive absences from regular ESC meetings will be contacted by the Chair to assess their interest in remaining in the role. If they are not able to fulfill the responsibilities of an ESC representative the vacancy will be filled according to the ESC by-laws.
Section D. Terms of Membership
1. Elected ESC Representative
The term of membership for an elected ESC representative shall be three years. The term shall extend from July 1st of the first year to June 30th of the third year. Terms shall be staggered to permit election of approximately one third of the ESC each year. An elected ESC representative may serve no more than two consecutive terms.
2. Ex-Officio Members
The term of membership for an ex-officio member shall be as long as the individual holds the qualifying position.
Article IV. Officers
Section A. Officer Positions
Officers of the ESC shall consist of a Chair, First Vice Chair, Second Vice Chair and Secretary.
Section B. Eligibility
The ESC Chair and Vice Chairs shall be elected ESC representatives. The Secretary shall be appointed by the Knoxville area Human Resources office.
Section C. Duties
The Chair shall preside at all meetings, shall appoint all committee chairs, and shall appoint or recommend all university committee liaisons.
2. First Vice Chair
The Chair Elect shall assume the duties of the Chair when the Chair is absent and work with the committees as needed. During the second year, he or she shall serve as Chair, if elected by the membership.
3.Second Vice Chair
The Second Vice Chair will serve as the chair of the Publicity/Public Relations Committee. During the second year, he or she will serve as the First Vice Chair, if elected by the membership.
The Secretary shall keep minutes of the meetings, shall distribute minutes of past meetings prior to the next meeting, and shall keep a current record of membership and attendance.
Section D. Terms of Office
All officers shall be elected to serve one-year terms. These terms shall extend from July 1st through June 30th.
Article V. Elections and Appointments
Section A. Elected ESC Representatives
1. Call for Nominations
The process for the election of ESC representatives will begin in April. Each year in April, a notice requesting nominees will be sent to all regular exempt staff. Everyone nominated to run as an ESC representative will be contacted. No name shall be listed on the official ballot without that person’s consent. The Nominating Committee shall try to ensure that there are at least two people nominated for each office.
2. Balloting and Voting
A ballot containing the names of persons running within a specific area and a voting deadline will be made available to all regular exempt staff in that area. ESC representatives shall be elected by a plurality vote of the exempt staff, in the specified area, who submit their ballot by the stipulated date.
3. Vote Tabulation
Votes will be reviewed by the Nominating Committee. In the case of a tie, the Vice President of the area will break the tie.
4. Election Results
Election results shall be announced at the May meeting. The Chair may choose to make these announcements personally or may delegate this task to the Chair of the Nominating Committee. Newly elected ESC representatives will be invited to attend the June meeting of that same year.
In the event of a vacancy, the Vice President of the area that was represented by that member of the ESC, will appoint a person from that area to fill the vacancy for the remainder of that year. At the next regular election a new ESC representative will be elected to complete the remainder of the original term.
Section B. ESC Officers
1. Call for Nominations
Nominations for Officers will be in April with the election to take place at the May meeting. ESC representatives may nominate themselves or another representative; however, no name shall be listed on the official ballot without that person’s consent.
2. Balloting and Voting
In May of each year, the Nominating Committee shall conduct an election by distributing an official ballot to all ESC representatives containing all of the approved nominations for each of the offices to be filled. Officers shall be elected by a plurality vote of the ESC representatives who return ballots by the stipulated date.
3. Vote Tabulation
Votes shall be reviewed by a ballot committee appointed by the chair.
4. Election Results
Election results shall be announced at the May meeting. The Chair may choose to make these announcements personally
Should the Chair position become vacant during the term of office, the First Vice Chair will assume the duties of the Chair for the remainder of that term. Should the temporary term be less than a majority of the term, the First Vice Chair will continue to serve a full term as Chair for the following year. Should the temporary term be the majority of the term, the First Vice Chair will assume the duties for the remainder of that term only.
- First Vice Chair
Should the First Vice Chair position become vacant during the term of office, the Second Vice Chair will assume the duties of the First Vice Chair for the remainder of that term. Should the temporary term be less than a majority of the term, the Second Vice Chair will continue to serve a full term as the First Vice Chair the following year. Should the temporary term be the majority of the term, the Second Vice Chair will assume the duties for the remainder of that term only.
- Should the Second Vice Chair position become vacant during the term of office, there will be a call for nominations and vote at the next regular ESC meeting. The person elected to fill the vacancy will assume the duties of the position for the remainder of the term only.
Article VI. Committees and Committee Appointments
Section A. Standing Committees
Standing Committees shall include Executive, Publicity/Public Relations.
1. Executive Committee
The Executive Committee is composed of the ESC officers, Chairs of the standing committees, and the Immediate Past Chair. The primary duties of the Executive Committee shall be to prepare or review any recommendations on issues affecting the membership prior to submission of such recommendations to the vote of the ESC and transact minor duties not necessary to be brought before the entire ESC.
2. Publicity/Public Relations
The Public Relations Committee is responsible for determining ways to increase the visibility of the ESC on campus, and will be chaired by the Second Vice Chair
Section B. Special Committees
Special Committees shall be established as needed by the Executive Committee.
Section C. Appointments to Committees
University committee appointments shall be made, when possible, by the Chair. When possible these appointments shall be an ESC representative. These committees can include but are not limited to the Commission for Women, Faculty Senate, Commission for Blacks, Campus Safety Committee, Lesbian, Gay, Bisexual and Trans-gendered Persons Commission. The Chair will also appointment a representative to serve as a liaison with the Office of the Vice President for Governmental Relations and Advocacy to keep the ESC informed of legislative actions or issues of concern to the council.
Article VII. Making Recommendations of Policy Issues
Section A. Criteria for Making a Recommendation
The ESC shall make recommendations or express positions on issues to the University of Tennessee administration if the issue or policy is of broad interest to exempt staff members, of the University of Tennessee, located in the Knoxville area.
Section B. Procedures for Adopting Recommendations
The following is the procedure for adoption of a recommendation or statement by the ESC:
- Any recommendation or statement of position pertaining to university policies or issues must be reviewed by the ESC Executive Committee before being submitted to the ESC for a vote.
- Issues or recommendations to be reviewed by the ESC Executive Committee must be submitted in writing. Issues may be submitted by an ESC representative, any exempt staff member at large via their ESC representative, the Executive Committee, or any university administrator.
- Time for discussion of the issue by the ESC must be scheduled prior to the vote of the ESC on the recommendation. Such time may be scheduled before, during, or after a regular meeting of the ESC or a special meeting may be scheduled for this purpose. The Chair may call for a meeting outside regular meeting dates for the purpose of addressing policy issues and recommendations. Such meetings may be conducted electronically by video conferencing and/or telephonic conferencing.
- The ESC representatives shall vote on any recommendation or statement of position to be forwarded to the University of Tennessee administration vote.
- A three-fourths majority vote of all ESC representatives present is required for adoption of any such recommendations or statements by the ESC.
Article VIII. Meetings
Section A. Frequency
Meetings shall be held monthly.
Section B. Quorum
To conduct business a majority of the ESC representatives must be present.
Section C. Procedure
Robert’s Rules of Order shall be used as a guide for the deliberations of the ESC.
Article IX. Amendments
This constitution may be amended by a two-thirds majority vote of the full membership of the ESC. Provisions of this constitution and by-laws may be temporarily suspended by a three-fourths majority vote of the ESC representatives in attendance at a regularly scheduled meeting of the ESC provided the proposed amendments were submitted, in writing, to the ESC membership at least one month in advance of the meeting.