ARTICLE I. NAME
The name of this organization, referred to as “Association” in these by-laws, is the Berkeley Faculty Association.

ARTICLE II. PURPOSES AND FUNCTIONS
Section 1. The Association shall have as its general objectives: to further the professional and scholarly values held by the faculty, to protect those privileges and responsibilities traditionally reserved to the faculty for the purpose of maintaining and improving the academic quality of the campus, and to improve the economic status and general welfare of the faculty.

Section 2. The Association shall have as its principal functions:
a. It will inform, consult with, and seek to represent faculty interests to all agencies whose decisions affect the faculty. It will gather and disseminate information to the faculty on issues before the legislative and executive branches of California’s government, other relevant state units dealing with higher education, campus and University administrations, and the Board of Regents.

b. It will prepare for the possible eventuality of collective bargaining legislation by continually informing itself and the faculty on all relevant issues. It will monitor and may attempt to influence any pending legislation authorizing public employee collective bargaining so as to assure members of the faculty the right to self-determination. When and if collective bargaining is authorized it may, upon approval of the membership, seek to become the collective bargaining agent for the faculty.

c. It will encourage the development of, maintain contact with, coordinate its activities with, and form liaisons with parallel or similar organizations on other campuses of the University of California.

ARTICLE III. MEMBERSHIP
Section 1. Membership in the Association is open to all members of the Berkeley Division of the Academic Senate, except for those holding full-time administrative positions at the rank of Dean and above. Members who hold administrative positions above the level of Department Chair may not serve on the Executive Board.

Section 2. The criteria for membership may be altered only on approval, in a ballot of the membership, by an absolute majority of those voting. The Executive Board shall make its views on the proposed alteration of membership criteria known to the membership at the time ballots are sent.

ARTICLE IV. RELATIONSHIP TO THE BERKELEY DIVISION
The Association shall carry out its functions independent of the activities of the Berkeley Division of the Academic Senate and its committees, and shall make use of none of the resources or facilities of the Berkeley Division. It shall support the principle of governance expressed in the present delegation of authority by the Board of Regents to the Academic Senate.

ARTICLE V. EXECUTIVE BOARD AND OFFICERS
Section 1. There shall be an Executive Board of at least seven persons. Seven members shall be elected by ballot by the members of the Association. These individuals shall comprise the Executive Board.  Additional members of the Executive Board may be selected from the membership of the Association by the elected members of the Executive Board. Appointed Executive Board Members shall have all the voting rights of the Executive Board.

Section 2. The officers of the Association shall be selected by Executive Board members from within their own ranks. Selection of officers shall take place following each election of Board members and shall serve until successors are selected. Officers once selected may be removed by a vote of four members of the elected Board at a meeting of the Board called for that purpose.

Section 3. The term of elected and appointed Board members shall be two years, beginning July 1 and ending June 30.

Section 4. Vacancies among elected members of the Executive Board or among its officers shall be filled by action of the Executive Board members.  Appointed positions may remain vacant at the discretion of the Executive Board.

Section 5. Elections for the Board shall be by vote of the members in good standing as of April 1. Ballots shall be sent no later than May 10.

Section 6. There shall be a Nominating Committee for Board elections, which shall consist of three Association members in good standing as of the date of appointment (no later than April 15). The Executive Board shall make the appointments; no member of the Board may be appointed to the Nominating Committee.

Section 7. On or before April 15, the Nominating Committee shall propose a candidate for each Board position to be filled at that election. The Board will inform the membership of the nominees; such notice will also indicate that further nominations may be made on petition of  15 members in good standing as of April 1. Such petitions shall be delivered to the Secretary of the Association on or before May 1. The names of all candidates nominated by the Nominating Committee and by petition shall be placed on the ballot.  In the event that there are no contested positions on the ballot, the slate shall be considered elected by acclamation and the membership duly informed.

Section 8. Only Association members in good standing as of April 1st shall be eligible to be candidates for the Board.

Section 9. Each voter may vote for as many candidates as there are posts to be elected, and the winning candidates shall be determined by plurality vote.

Section 10. The Board shall appoint a committee to be responsible for the conduct of the election and the counting of the vote. The Board shall announce the result of the election within seven days of the close of the ballot period.

ARTICLE VI. DUTIES OF EXECUTIVE BOARD AND OFFICERS
Section 1. The Executive Board shall act as the governing body of the Association between Association meetings. A majority of the Board shall constitute a quorum for binding votes.

Section 2. The officers of the Executive Board shall perform the following functions:

a. Preside over meetings of the Association and of the Executive Board, issue the call for such meetings, and supervise the administration of the Association’s programs.

b. Be responsible for keeping the records of the Association, for preparing a record of the minutes of all regular and special meetings of the Association and all meetings of the Executive Board, and for issuing notice of the call to regular and special meetings of the Association.

c. Serve as the custodian of Association funds and be responsible for keeping these funds in a suitable depository, for keeping the Association’s financial statement up to date at all times and for making it available to the Association upon request, and for maintaining and keeping a current list of the membership in good standing, which list shall be available at any Association meeting when called for. The officers shall prepare a financial report for distribution to the Executive Board at least once a year. The officers shall be responsible for the disbursing of funds of the Association as authorized by the Executive Board.

d. Employ such staff as is necessary for the effective functioning of the Association. The staff will operate under the direction of the Executive Board.

e. Issue a call for a meeting of the Executive Board upon request of three members of the Board.

Section 3. Members of the Board shall perform such other functions as the Board may determine. The Association or the Board may establish such committees as circumstances require.

ARTICLE VII. DUES AND ASSESSMENTS
Section 1. The dues shall be graduated by faculty rank on a twelve-month basis at the rates set by the Board for Assistant, Associate, Full, and Emeriti Professors. The Board may develop a comparable and equitable dues structure to cover persons holding other titles, members on leave, and other special categories.

Section 2. The Board will develop an equitable dues structure. Assessments shall be at the discretion of the Board.

Section 3. Paid-up membership shall be a prerequisite for Association membership in good standing.

Section 4. Special assessments may be levied but only on recommendation of the Executive Board and by a subsequent majority vote at a meeting of the Association, provided that the provisions of Article VIII, Section 3, are met and that the proposal is specifically announced in the call for the meeting at which ratification is proposed.

ARTICLE VIII. MEETINGS
Section 1. The Executive Board will report to the membership each academic year in a general meeting or in writing or both.

Section 2. The Chair shall call a special meeting of the Association within two weeks when requested to do so by a majority of the Executive Board or on petition signed by ten percent of the Association members in good standing.

Section 3. The quorum for any Association meeting shall be 25 Association members in good standing or five percent of the membership, whichever is higher. Any action taken at a membership meeting shall be submitted for approval by the membership by ballot upon request of one-third of the members in attendance at that meeting, or of a majority of the Executive Board.

Section 4. The Secretary shall issue a notice of any regular or special meeting of the Association at least seven days prior to the meeting date, unless the Executive Board shall determine that circumstances require shorter notice.

ARTICLE IX. AMENDMENT
These by-laws may be amended, except as provided in Article III, Section 2, by a majority of the membership responding to a ballot.

ARTICLE X. BALLOTS
Section 1. Ballots, other than those scheduled for regular election to the Board, may be initiated for any purpose by the Executive Board or by direction of a regular or special meeting of the Association.

Section 2. Except as otherwise specified in these by-laws, those eligible to vote in any ballot shall be all members in good standing as of one month before the date on which these ballots are sent. Unless the Executive Board shall declare that an emergency exists requiring a shorter period, all ballots  returned within two weeks from the date of sending shall be counted.

Section 3. Except as otherwise specified in these by-laws, matters submitted to the membership by ballot shall require only a simple majority of those casting ballots.

Section 4.
Communications with members, including election notices, election ballots, and polls, may be conducted by regular mail or e-mail, using appropriate controls for security to be determined by the Executive Board using the technology of the moment.

ARTICLE XI. EFFECTIVE DATE
These by-laws became effective on January 14, 1974. (Article III, Section 1, amended 12-5-80; Article V, Sections 1-4, amended 5-30-96; Article V, Section 2, amended 2-27-01; Article VI, Section 2-4 and 8, amended 2-27-01; Article VII, Section 1, amended 2-3-75, 1-9-76, 3-19-96, 4-23-96, and 2-27-01; Article VII, Section 2, amended 1-1-86 and 2-27-01; Article VIII, Section 1, amended 1-9-76; Article VII, Section 2, amended 2-27-01; Article III, Section 1-2, Article V, Section 1-7, 11, Article VI, Section 1-3, Article VII, Section 2, Article VIII, Section 1, Article IX, Article X, Section 1-4, amended 5-29-13; )