Procedures for Amending Divisional Legislation

Drafting the Proposal The relevant committee (or an individual) drafts a proposal for new or amended language for the Bylaws or Regulations.  CERJ can work with the committee to facilitate the drafting process.  (See sample proposal in Word and PDF formats.)  The proposal must include:
  • A statement of the rationale for the proposed change, including an informal statement of its purpose and describing the important changes which it would make to existing legislation.
  • The proposed language.  In the case of an amendment, the existing legislation should be included, with proposed deletions indicated by strikeout type and proposed additions highlighted in bold type.
Note that Davis Division Regulations preceded by an "A" (e.g., Regulation A540) are in conflict with systemwide Academic Senate regulations.  They were enacted on the basis of variances granted by the systemwide Assembly of the Academic Senate and these regulations can be substantively changed only with the approval of the systemwide Assembly.  The list of Assembly-approved variances is included in the Manual of the Systemwide Academic Senate.
Committee Approval The responsible committee approves the draft proposal and forwards it to the Chair of CERJ, with copies to the Committee's Staff Advisor and the Chair of the Davis Division.
CERJ Review CERJ reviews the proposal to verify that it is consistent with the Code of the Senate (Systemwide and Divisional Bylaws and Regulations), is written in precise legislative language to have the effect intended by the drafters, and is in proper form for consideration by the Representative Assembly.  (CERJ need not approve the substance of the policy change under consideration.)
  • If revisions are suggested or required the proposal is returned to the committee chair for revision.
  • If the proposal is approved it is forwarded to the Chair of the Davis Division with a copy to the committee chair.
Executive Council
Review
The Divisional Chair brings the proposal before the Executive Council, which may endorse it, provide comments, or suggest revisions.  However, Executive Council approval is not required and the proposal may proceed to the Representative Assembly at the discretion of the drafting committee without the endorsement of the Executive Council.
Meeting Call Distribution The proposal is included in the Meeting Call for consideration by the Representative Assembly.  Proposed legislation must be sent to all members of the Division at least five instructional days before the meeting or no action may be taken on it.  Agenda deadlines are published on the Academic Senate web site.
Representative Assembly
Approval
The Representative Assembly considers and, upon a motion, votes on the proposal.
  • Amendments from the floor which do not exceed the scope of the proposed legislation are in order.
  • Vote Required:  Regulations require a majority vote of those present and voting; Bylaws require a two-thirds vote.
  • Effective date:  All legislative changes become effective on September 1, unless another effective date is approved by majority vote.  However, no action of the Representative Assembly may become effective until 41 instructional days have passed except with a two-thirds vote of the members present.
  • Earlier effective dates should be specified in the motion proposing the legislation, not in the legislation itself.  For example, "I move adoption of the proposed amendment to Davis Division Regulation 99, to be effective immediately upon adoption by the Representative Assembly."  (Because the 41-day period is being waived, this would require a two-thirds vote to pass, even though a Regulation can normally be amended by majority vote.)