The following resolution comes with the unanimous support of the Faculty
Welfare and Privileges Committee.

One note of explanation may be helpful. We use the language of the
Collective Bargaining Agreement rather than the Faculty Handbook to define
an "administrator" because the CBA is clear while the Handbook is rather
muddled on the term. On the one hand, the Handbook states that the Senate
shall elect a President-Elect, a Vice President and a Secretary "from the
full-time voting faculty of the University" (Sect. 1: Organization of the
Faculty; Constitution, 4.7). On the other hand, it states that "The voting
membership of the University Faculty shall consist of the following: The
President of the University, the University Secretary" (Sect. 1:
Organization of the Faculty; Constitution, 4.7). Although they sound
very similar, the former term seems to exclude, the latter to include,
administrators.

To avoid confusion we've incorporated the clear language (not the
authority) of section 3.1 the CPA. It reads: "Excluded from the collective
bargaining unit are: All administrative officers of the University,
including department chairpersons, all administrative and professional
staff, Center for Counseling and Student Development staff, all part time
faculty, adjunct faculty members, visiting faculty and all other
professional employees not holding faculty rank, all nonprofessional
employees and all supervisory employees." We think this does the job,
excluding only those "administrators" the resolution intends.

Whereas the University of Delaware Faculty Senate is authorized to
"exercise all the powers vested in the Faculty of the University of
Delaware by the Board of Trustees" (Faculty Handbook, Section 1,
Organization of the Faculty, Constitution of the Faculty; sect. II);

And whereas the proper exercise of such power requires the faculty to be
independent and to govern itself in all matters that come before the
Senate and its committees;

And whereas the appearance of conflicts of interest in governance may be
as damaging to the Senate as conflicts of interest themselves;

Be it resolved that only faculty members who are included in a collective
bargaining unit, as specified in section 3.1 of the Collective Bargaining
Agreement, may chair a Senate committee or be a voting or non-voting
member of the Senate Executive Committee.

I'd of course be glad to meet with you to discuss our resolution. Many
thanks.

--Jan