Financial Exigency. 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors.
14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds.
14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be:
14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists;
14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not;
14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council;
14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency;
14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency;
14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary.
14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union.
14.05 It is the responsibility of the Senate to recommend the ge...
Financial Exigency. 25.1 The parties agree that the process of long-range planning should obviate the possibility of a financial exigency occurring. However, the parties further agree that in the unlikely event of a financial exigency, in view of the ramifications to the careers of academic staff members, an orderly and equitable way of dealing with the situation is essential.
25.2 As soon as the University perceives that a financial exigency exists, it shall convey this information to the Faculty Association in writing, indicating the nature of the problem, its probable magnitude and impact on the careers of members of the academic staff.
25.3 25.3.1 The Faculty Association, through its representatives, shall be fully consulted by the University officers concerned and shall be provided with detailed financial and budgetary information and such long-range projections as can be based on that information. The parties agree that the following steps shall be taken before there is any reduction in the number of academic staff members;
25.3.1.1 reduce non-academic expenditure equitable to the extent feasible;
25.3.1.2 reduce academic non-salary expenditure to the extent feasible;
25.3.1.3 make no further term appointments for the year in which the financial problem is predicted, except to meet critical program needs which cannot otherwise be met;
25.3.1.4 offer early retirement to appropriate academic staff members, under the terms of the pension plan;
25.3.1.5 as required, assign academic staff members partly or wholly to vacancies in other areas of the University, within their academic competence with no reduction in rank or status;
25.3.1.6 make no further appointments unless a position cannot be filled by an inside transfer and is necessary to maintain the proposed level of operation;
25.3.1.7 undertake other similar measures where possible.
Financial Exigency. 10.1 No Member shall be terminated, dismissed or otherwise penalized with respect to terms and conditions of employment and/or rights or privileges relating to employment for financial reasons except in accordance with this Article.
10.2 Members may be laid off in accordance with this Article if a state of financial exigency has been declared by the Board of Governors according to the procedures contained in this Article. A state of financial exigency is defined, for purposes of this Article, as a situation in which the Employer projects substantial and continuing financial deficits which threaten the continued operation of the University and which are projected by consistently applied generally accepted accounting principles to persist for at least three (3) years into the future.
10.3 If the President considers that projected deficits are sufficiently severe that a state of financial exigency may exist, the President shall give written notice of her/his opinion to the Board of Governors, the Senate and the Association. From the date on which such notice is given, no new appointments will be made within the University until either the Board of Governors decides not to declare a state of financial exigency or until the lay-offs contemplated under this Article have been completed. Notwithstanding the foregoing, the Parties agree that Tenure-track and Probationary appointments may be renewed during a period in which lay-offs are being implemented.
10.4 Within ten (10) days of giving notice that the President considers a state of financial exigency exists, the Board of Governors shall forward to the Association all documentation relevant to the proposed state of financial exigency. The Board of Governors shall provide documentation sufficient to permit the Association to evaluate, using consistently applied generally accepted accounting principles, whether the University faces substantial and continuing financial deficits which threaten the continued operation of the University.
10.5 Within fifteen (15) days of receiving the Notice specified in Article 10.3 above, the Board of Governors shall establish a Financial Commission (FC) which shall be a committee of the Board and which shall review the financial documentation provided to the Association pursuant to Article
Financial Exigency. A reduction in force (RIF) due to financial exigency must be documented. Financial exigency is defined as a serious financial crisis that jeopardizes the University's mission and effective operation. The Administration will consult with the Faculty Association to demonstrate the existence and extent of the University's financial problems. The NMHU Faculty Association and Faculty Senate will be apprised of the situation in a timely manner in order to be able to have time to study the documentation used to demonstrate the need for the RIF. Common causes of financial exigency include decreasing enrollment, inadequate funding, and increased operating costs. Data and other evidence used to establish the need for faculty reductions will be shared with the faculty. In cases of termination because of financial exigency, the place of the faculty member involved will not be filled by a replacement within a period of three years unless the released faculty member has been offered re-instatement and a 20-day period in which to accept or decline it. The Administration will work with the Faculty Association to explore other cost saving options before implementing a RIF affecting tenured faculty. When implementing a RIF is necessary due to financial exigency, the Administration will give top priority to instructional requirements and institutional needs. These will be decided in consultation with the NMHU Faculty Association and Faculty Senate. If a faculty member affected by a Reduction in Force is re-hired, all rights and benefits accrued at the time of the separation will be restored upon re-employment.
Financial Exigency. 23.3.1 A financial exigency is a condition of projected deficit in the College’s budget of such an order of magnitude that a reduction of faculty members is necessary. The Board of Trustees may declare a state of financial exigency, and authorize the following processes for reducing the size of the faculty, only after broad consultation with the academic administration, the faculty, and the UFE. As part of this process, the College shall make available budget and other relevant data to allow all parties to assess the financial exigency.
23.3.2 During a period of financial exigency, all members of the faculty are subject to reassignment to accommodate curricular changes made necessary by staffing and budget reductions.
23.3.3 If a financial exigency is declared, the College will provide notice by e-mail and US mail to UFE. The College will prepare a plan to address the financial exigency and will provide that plan to UFE. UFE will be allowed thirty (30) calendar days to review the plan and to provide input to the College. The plan will consist of actions taken in the following order:
Financial Exigency.
22.1 The first duty of the University must be to ensure that its academic priorities remain paramount, particularly in regard to the quality of instruction and research. The Governors, when faced with budgetary restrictions, will ensure the primacy of the University's educational functions by considering cuts in academic programs or resultant cuts of Board appointments only after all practicable cuts have been made in all other budgetary areas of the University.
22.2 A substantial financial deficiency which may result in the necessity of the termination of academic staff shall be deemed to be financial exigency for the purpose of this Article. However, the termination due to lack of funding of staff members holding contingent appointments shall not constitute financial exigency.
22.3 Before declaring a state of financial exigency, the Governors shall consult with the Association and shall supply the Association with all budgetary information used by the Governors in considering the need for such a declaration.
22.4 If the Association wishes to offer for the Governors’ consideration, suggestions designed to avoid the termination of staff, it shall do so not more than thirty (30) calendar days after being advised of the financial problem. Such suggestions will become the subject of immediate discussion between the Governors and the Association for a period not to exceed thirty (30) calendar days.
22.5 If, following these discussions, the Governors conclude that the financial problem has not been resolved, it shall appoint an ad hoc committee of three (3) members of the Governors to identify the nature and scope of the problem. The Governors shall also appoint advisors to the committee selected from the University community and from the community at large. The advisors selected from the University community shall include the President of the Faculty Association and two (2) other members of the Association nominated by the Association. The committee shall report its findings to the Governors within thirty (30) calendar days of its appointment. The Governors will then apprise the Minister of Advanced Education and Technology of the committee's findings.
22.6 If the Governors conclude that the financial problem still has not been resolved, it shall declare a state of financial exigency. The General Faculties Council will be asked to review the academic priorities of the University and to determine whether any programs or services are to be terminated. The reco...
Financial Exigency. Provided that Part 1: Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any faculty member because of financial exigency in the University will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
Financial Exigency. 14.3.1 There must be an official declaration of financial exigency by the Board of Trustees before any faculty member may be terminated due to financial exigency.
Financial Exigency. Following a declaration of financial exigency in accordance with Regents' Policy 04.09.060, unit members are entitled to written notice of termination a minimum of sixty calendar days in advance of the cessation of their employment.
Financial Exigency.
15:01 Prior to a declaration by the Board of Governors of a state of financial exigency requiring a reduction in the University budget for the salaries and benefits of members, or termination or lay-off of members, the President shall consult the Joint Consultative Committee and shall report to the Board of Governors, the Senate and the Association that in her/his opinion the financial condition of the University is sufficiently grave to endanger the continued functioning of the academic units of the University.
15:02 Except for replacements, no new personnel shall be appointed or hired from the date of the Report of the President under clause 15:01 until the conclusion of the procedures envisaged by this Article 15 save in exceptional circumstances where one (1) administrative appointment is required in the circumstances of the financial exigency or with the approval of the Faculty Association Executive.
15:03 Within fifteen (15) days of the President's report referred to in clause 15:01 a Commission shall be constituted to determine whether and to what extent the University's financial condition constitutes a financial exigency, i.e., a genuine financial crisis involving a deficit for at least one fiscal year which is projected by generally accepted accounting principles to continue, and constituting a problem sufficiently grave that the University's continued functioning would be endangered unless the budgetary allocation for salaries and benefits of members is reduced.
15:04 The Commission shall be composed of three (3) members and shall not include any person who has had any interest in the matters coming before the Commission or who is acting, or has, within a period of six (6) months preceding the date of her/his appointment, acted as solicitor, counsel or agent of either of the parties. One
(1) member shall be nominated by the Board of Governors and one (1) member shall be nominated by the Association Council. Each of the parties shall notify the other of its nominee within ten (10) days of the President's Report. If either party fails to appoint a nominee, the appointment shall be made by the senior County Court Judge, Essex County, upon the request of either party. The two (2) members so nominated shall, within five (5) days of the appointment of the second of them, appoint a Chairperson. Failing this Agreement of the nominees upon a Chairperson, the parties shall ask Xxxxxx Xxxxxxx to act as Chairperson or, if he is unable to act, to appoint a...
