MELC Department By-Laws

Bylaws of the Department of Middle Eastern Languages and Cultures
University of California, Berkeley

I Preamble

  1. These bylaws are established to govern the Department of Middle Eastern Languages and Cultures (MELC hereafter) at the University of California, Berkeley.

  2. All previous MELC department bylaws, both known and unknown, are void upon the passing of these bylaws.

  3. In the event there is a conflict between the UC Academic Personnel Manual (APM), the Berkeley Manual of Academic Personnel (BMAP) and these MELC bylaws, the APM and or BMAP will supersede MELC bylaws. APM and BMAP bylaws are subject to changes and should be reviewed frequently in order to update MELC bylaws.

  4. These bylaws shall be reviewed at least once every three years and amended, if needed, according to Section IX.

  5. These bylaws are public documents that will be made available upon request.  

II Department Roles

  1. The Department Chair (or Chair) is the Department’s leader and administrative head. The Chair’s duties and obligations are described in APM 245

  2. Faculty are members of the Department who are employed in the Professor Series (i.e., Professor, Associate Professor, Assistant Professor) and are members of the Academic Senate, as described by APM 220

  3. Emeriti Faculty are members of the Department who have been bestowed the honorary title of emeritus/emerita upon their retirement from the Department, as described by APM 120. In these bylaws, Emeriti Faculty and Faculty are distinct categories.

  4. Non-senate instructional staff, known here as lecturers, are members of the Department represented by UC-AFT. Lecturers carry out instruction and have no obligations to conduct research, as described by APM 283

  5. Adjunct faculty members are members of the Department who primarily contribute to the Department’s teaching mission, as described in APM-280

  6. Staff carry out essential duties that support the Department’s research and teaching mission. 

III Department Meetings, Participation, Quorum, & Confidentiality 

  1. The Department meets regularly on the first or second Wednesday of the month between September and April at 12 p.m. The schedule of monthly meetings is usually announced at the beginning of the academic year, although this schedule is sometimes modified to accommodate competing meetings held the first week of each month.

  2. Documents informing an upcoming vote will be made available one week prior to a meeting where the matter will be discussed. 

  3. Additional ‘special’ meetings may be called by the Chair with one week’s notice when the press of business requires it. 

  4. Meetings may be canceled or postponed for good reason at the discretion of the Chair, who will provide an explanation for this action. A regularly scheduled meeting will be held at a Faculty member’s insistence. 

  5. A quorum will consist of 50% + 1 of the voting members of faculty in active service. No proxies may be used to establish a quorum. 

  6. Only voting members of the Department as defined in Sections VI and VII may attend a meeting at which a personnel action is taken.

  7. The Department recognizes Emeriti rights to attend and speak at meetings, to receive notices and minutes, in accordance with Senate Bylaw 55. Emeriti members may vote on non-personnel actions as specified in Senate Bylaw 55. 

  8. The Faculty welcomes the feedback of Lecturers on non-personnel issues concerning the department. Lecturers do not vote.

  9. The Department appreciates the contributions of its staff members. Staff members do not vote. 

  10. Any matter discussed at a meeting is to be held in strictest confidence, and any violation of confidence will be considered a serious breach of professional ethics. 

IV Meeting Agendas and Minutes 

  1. Under normal circumstances, the Chair will develop a draft meeting agenda in consultation with Faculty, Lecturers, and Staff. The draft agenda will be circulated to Department members at least seven business days before the meeting date. Requests to add topics to the draft agenda should be made in writing to the Chair prior to the beginning of the meeting. The Chair is encouraged to consider these suggestions when revising the draft agenda prior to the meeting.

  2. If quorum is achieved at the meeting, a motion will be made to approve the agenda with a simple majority vote of the Faculty. If the vote fails, a discussion to modify the agenda should continue until a consensus is reached.

  3. Meeting minutes will be recorded by a faculty member on a rotating basis.

  4. Minutes will record the following information: Date and time of the meeting; names of attendees, their role in the department (i.e., Faculty, Lecturer, Staff) and mode of participation; key points that were discussed; any motions that were passed; and action items.

V Remote Participation and Remote Voting 

  1.  Due to the press of business, the Chair may call for a remote vote on an issue. In such a case, email communication should be used for discussion before voting. Voting will be carried out by digital ballot managed by a Staff member, who will report the results. 

  2. While email consultation and voting may be necessary on technical issues, final decisions on appointment, mid-career review, and promotion will always be made at a faculty meeting.

  3. Faculty members must be in person to cast a vote on personnel matters. Faculty members who are unable to attend meetings related to personnel matters may submit written feedback to be read aloud at the meeting. 

  4. Department members, when pressed by illness or unexpected travel, may vote remotely in non-personnel matters so long as they are visually and/or verbally present on a digital device during faculty meetings. In the event that a secret ballot is required to decide a matter, all votes will be recorded using a digital ballot that anonymizes participants’ votes.

VI Voting on Personnel Matters: Appointments 

  1. The Chair will appoint a search or ad hoc committee of at least two Faculty members. This committee will prepare a report and make a recommendation to the Faculty. The final motion shall be made after the report and recommendation have been discussed. Motions may be simple (“We recommend that X be hired...”) or compound (“We recommend that X be hired and if s/he turns us down, that Y be offered the position...”). 

  2. Faculty members may vote on appointments, including the proposed rank of a prospective appointment. Prior to such a vote, all Faculty members must be afforded an opportunity to make their opinions known.

  3. Decisions are made by a simple majority vote of the total votes cast. Motions to reconsider may be made according to procedure, as may motions to make a decision unanimous. Written secret ballots are to be counted at the meeting.

  4. The Chair does not vote except to break a tie. The Chair may offer to entertain a motion, and may participate in discussion in the capacity of a faculty member, but should bear in mind that the primary role is that of a facilitator.

VII Voting on Personnel Matters: Promotions 

  1. The Chair will appoint an ad hoc committee of at least two Faculty members of appropriate rank to consider a promotion case to the rank of Associate Professor and Professor. This committee will prepare a report and make a recommendation to the Department.

  2. All Faculty members at or above the rank of the proposed promotion as defined by Senate Bylaw 55 may vote on a promotion. These Faculty members must review the ad hoc committee’s report and supporting documentation, and then offer their opinions in a special meeting called by the Chair. Minutes of the meeting are confidential and kept for the purpose of describing the faculty’s discussion in the Chair’s letter to the Dean. Voting is by secret ballot and decisions are made by a majority vote of the total votes cast. 

  3. The Chair does not vote except to break a tie. The Chair may offer to entertain a motion, and may participate in discussion in the capacity of a faculty member, but should bear in mind that the primary role is that of a facilitator. 

  4. Only faculty above the rank of assistant professor may participate in a mid-career appraisal. A search or ad hoc committee of at least two Faculty members of appropriate rank will be appointed by the Chair. This committee will prepare a report and make a recommendation to the Department. Voting is by secret ballot. The appraisal must follow the campus’s appraisal procedures as described in BMAP here and here

  5. Regularization of an Acting Assistant Professor to Assistant Professor is not determined by a formal vote, but it does require the Chair to consult with Faculty. All Faculty at or above the stated rank must express their views to the Chair in written form (See APM 235).

  6. Promotions to Step VI and Professor Above Scale do not require a formal vote, but do require the Chair’s consultation with Faculty at or above the stated rank who must express their views in written form. Departmental precedent for such promotions and appointments must be followed in these cases.

VIII Voting on Non-Personnel Matters 

  1. All Faculty are entitled to receive meeting notices, agendas, minutes, and supporting documents.

  2. In accordance with Academic Senate Bylaw 55, Emeriti are entitled to meeting notices, agendas, minutes, and supporting documents. Emeriti may attend and speak at meetings on non-personnel matters. They may indicate to the Chair that they do not wish to receive notices and participate in meetings. 

  3. The Chair may exclude Emeriti from notices and participation at meetings if they are currently employed by another university. 

  4. Emeriti do not vote on non-personnel matters, except as allowed by APM Bylaw 55 C and D

  5. Votes on non-personnel matters are normally taken by a show of hands but a secret ballot is always in order if so requested by any voting member. Written and digital secret ballots are to be counted at the meeting by a voting member designated by the Chair. 

IX Amending Bylaws

  1. Faculty may introduce a motion to amend these bylaws as well as vote to amend these bylaws.

  2. Motions to amend bylaws that affect personnel actions should not be introduced when personnel cases are in process. The Chair should give attention to such matters of timing to avoid the appearance of changing procedures to the advantage or disadvantage of candidates.

  3. A motion to amend these bylaws must be sent in writing to the Chair at least five days prior to a scheduled meeting. The motion is then circulated to the Faculty via written communication. The Chair will present the motion at the next meeting and lead a discussion on the amendment. 

  4. Quorum must be reached in order to vote on the amendment and a super majority of two-thirds of active faculty approves a motion. Votes can be taken by a show of hands but a secret ballot is possible if requested by any voting member. Written and digital secret ballots are to be counted at the meeting in an open count by a voting member designated by the Chair.