legal assistance: the truth of the matter

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Legal Assistance: The Truth of the Matter. Academic Senate Spring Plenary SessionApril 2009. Standards and Practices Committee 2008-09. Beth Smith, Grossmont College, Chair Julie Adams, Academic Senate, Executive Director Dianna Chiabotti, Napa Valley College - PowerPoint PPT Presentation

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Page 1: Legal  Assistance:  The Truth of the Matter
Page 2: Legal  Assistance:  The Truth of the Matter

Beth Smith, Grossmont College, ChairJulie Adams, Academic Senate, Executive

DirectorDianna Chiabotti, Napa Valley CollegeJoseph Bielanski, Berkeley City CollegeYolanda Bellisimo, College of Marin

Page 3: Legal  Assistance:  The Truth of the Matter

71 colleges participated 46 colleges participated in the

questions pertaining to senate/union relations

48 colleges participated in the questions about general legal assistance needs

Page 4: Legal  Assistance:  The Truth of the Matter

Senate and Bargaining Unit MOUs are infrequently used › Only 15 respondents use MOUs› Used most frequently for Faculty Evaluation

Consultation between Senates and Bargaining Units with nothing in writing is the most frequently used method› 34 respondents favor this method› Used for Tenure, Class Size Limit, Faculty

Evaluation

Page 5: Legal  Assistance:  The Truth of the Matter

34 respondents reported Senates satisfied with arrangement between Senate and Union in at least one area:› Tenure› Full Time Hiring Policies

16 respondents reported they were not satisfied with at least one Senate/Union arrangement:› Full Time Hiring Policies› Administrative Retreat Rights› Professional Development› Grants

Page 6: Legal  Assistance:  The Truth of the Matter

“Our Senate and [union] have a liaison group that meets regularly to discuss all of these issues and others that arise on an as needed basis. We do have informal written documentation delineating areas of responsibility for most of the topics listed in this question…”

Page 7: Legal  Assistance:  The Truth of the Matter

“We have a very close union and senate and we tend to informally consult on everything …”

“I have no clue what the bargaining unit does. It has all these ‘interpretations’ that are not available until after the issue is raised. The contract is effectively opaque.”

Page 8: Legal  Assistance:  The Truth of the Matter

17% of respondents have retained legal assistance.

Primary issues motivating the need for legal assistance:› Brown Act› Evaluations and Employment Issues› Hiring and Job Descriptions› Governance

Page 9: Legal  Assistance:  The Truth of the Matter

Board of Trustees Administrators Union

Page 10: Legal  Assistance:  The Truth of the Matter

Role and Authority of Administrators, Senate and Union

Brown Act Academic Freedom Tenure Governance

Page 11: Legal  Assistance:  The Truth of the Matter

Current Paper: Developing a Model for Effective Senate/Union Relations

Executive Committee Members Council of Faculty Organizations (CoFO) Requests for Assistance from the ASCCC Support from AAUP Other Statewide Legal Sources (i.e.

California Attorney General, CCCCO Legal Council, etc.)

Page 12: Legal  Assistance:  The Truth of the Matter

Develop Updated Paper together with colleagues from the unions, and

Create Technical Assistance for Senate/Union Issues – See new resolution

Keeping a lawyer on retainer?

Need ideas for who, what, when, how to access the attorney!