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Constitution

ARTICLE I- STATEMENT OF PURPOSE
ARTICLE II- CONSTITUENCY AND MEMBERSHIP
ARTICLE III- STRUCTURE
ARTICLE IV- POWER AND AREAS OF INFLUENCE
ARTICLE V- PROVISION FOR BY-LAWS, STANDARD OPERATING PROCEDURES AND ORGANIZATION
ARTICLE VI- PROVISIONS FOR AMENDMENT
ARTICLE VII- ADOPTION

ARTICLE I- STATEMENT OF PURPOSE

The Professional Employees Council (PEC) shall exist to contribute to the success of Binghamton University and to the growth and welfare of its professional employees. The Council shall seek an active role in the policy decisions of the University. The Council shall be a fact-finding, deliberative, and consultative body, with authority to make studies, reports, and recommendations on all governance matters which have a significant bearing on professional employees. PEC shall operate, in accordance with the policies set forth by the Board of Trustees of the State University of New York, as a recognized part of the University's governance system, and shall, as appropriate, work jointly with all the other component parts of this system.

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ARTICLE II- CONSTITUENCY AND MEMBERSHIP

1. The constituency of PEC shall consist of all professional staff holding permanent, term, administrative or temporary appointment, with the exception of a. The President and Vice Presidents b. Those with academic or qualified academic rank whose primary responsibility is teaching, research or the Library. c. Those with voting faculty privileges. 

2. The membership of PEC shall consist of twenty-six (26) elected representatives and the past Chair of the Council.

3. The composition of PEC shall follow those guidelines established in the Standard Operating Procedures and shall be designed to ensure the highest degree of representation.

4. The status of any member or constituent shall be determined by the Council in accordance with the prescribed eligibility and retention criteria, as set forth in the By-Laws.

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ARTICLE III- STRUCTURE

1. PEC shall consist of twenty-six (26) elected representative and the past Chair of PEC, each with one and only one vote.

2. PEC shall provide for such officers, agents, and committees as are deemed necessary to carry out the business of PEC.

3. The business of PEC shall be to act as the responsible, representative voice of the concerns and needs of our constituents and to investigate, discuss, report, and make recommendations on those issues that are consistent with the purpose of the Council.

4. PEC shall establish a calendar of regular meetings and forums for the purpose of conducting its business. These meetings will be conducted in a manner which allows access to interested constituents and guests.

5. PEC shall provide for the recording of all business; the documentation of all official meetings of the Council as a whole or in committee; and the retention, safekeeping, and accessibility of these records to the constituents or those permitted by the Council. No constituent shall be denied access to the record of the PEC's business.

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ARTICLE IV- POWER AND AREAS OF INFLUENCE

1. PEC shall be the officially recognized representative of professional employees within the University governance system. PEC does not claim to be, nor does it desire to be, the collective bargaining agent for professional employees and disclaims any individual's intent to identify it as such.

2. PEC shall act in those areas outlined in the purpose of its existence. It shall work within the University governance system to clarify and define its areas of influence and shall strive to remain within the confines of its purpose. The Council may, however, express support or non-support of governance issues outside its area of influence.

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ARTICLE V- PROVISION FOR BY-LAWS, STANDARD OPERATING PROCEDURES and ORGANIZATION

1. PEC shall establish By-Laws for the effective and efficient conduct of its business.

2. PEC shall provide for Standard Operating Procedures, to be reviewed each academic year by the newly elected Council.

3. PEC shall establish its internal organization through its By-Laws and Standard Operating Procedures.

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ARTICLE VI- PROVISIONS FOR AMENDMENT

1. Request for Revision

A request for a revision of the Constitution or By-Laws may come either from the Council itself or from the constituency. Requests from the Council shall be submitted to the Executive Committee by any member of the Council, with a second of at least one-quarter of the members present at any regular business meeting of PEC. Requests from the constituency may be submitted to the Executive Committee in the form of a petition bearing the valid signatures of a number of constituents equal to or greater than one-quarter of the number voting in the most recent general election for PEC representatives.

2. Certification of Amendment

The Executive Committee shall review the proposed amendment, obtain certification of any petition from the constituency, and make recommendation for further action.

3. Recommendation for Action

If the sponsoring member or constituent is not satisfied with the recommendation of the Executive Committee, the recommended action may be challenged in the following manner: within the Council, the proposed amendment may be brought to the floor with an appropriate motion and may be discussed in full session, if a majority of members present approve the motion to do so. The constituent may, upon petition of at least one-third of the number of constituents voting in the most recent general election, bring the proposed amendment directly to the ballot. All proposed amendments recommended favorably by the Council or by petition of the constituency shall be voted upon by the eligible constituents in a timely fashion. A majority vote of those casting ballots will determine the outcome.

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ARTICLE VII- ADOPTION

This Constitution, and any amendments to it, shall be considered to be in effect when ratified by a majority vote of those constituents participating in a referendum and when approved by the President of the University.

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Last Updated: 11/18/13