ARG Bylaws

ARG Bylaws

Article I. Name and Purposes

Section 1. Name

The organization is called the Appointments Review Group, hereinafter referred to as the ARG.

Section 2. Purposes

The primary purposes of the ARG shall be to review nominations for appointment to Scientist III, Senior Scientist, Research Engineer III, and Senior Research Engineers relative to the NCAR Scientific and Research Engineering Appointments Criteria and make recommendations to the NCAR Director.

 

Article II. Confidentiality, Conflict of Interest, and Equal Employment Opportunity

Section 1. Confidentiality

Any reports of the Investigative Committees, candidate nomination materials, reference letters, details of the review process, discussion and ARG meeting minutes are confidential and will not be discussed in any form, including paraphrasing or any other indirect references, outside the individuals with authorized access to this information.  With this exception, those with authorized access are: ARG members, ARG observers as specified in Article IV.6, the NCAR Appointments Review Administrator (Article VIII), and the Board of Trustees.  People with authorized limited access are: ARG Bylaws Committee members who are not current ARG members may access ARG material to the extent necessary to discuss ARG Bylaws, ARG Standing Rules, and the ARG Charter; AIC members may access all the materials for their candidate only; and Resource Persons may access the reference letters for their candidate only.

The nominating AD may grant access to the reference letters of a candidate from that Laboratory or Observatory to the Director or any Senior Scientist or Senior Research Engineer of the candidate’s reporting unit for the purpose of evaluating candidates as part of the ARG nomination process. Full disclosure of the access to the letters will be made to all referees from whom letters are requested.

 

Section 2. ARG Conflict of Interest

A conflict of interest may exist or appear to exist whenever an ARG or Investigative Committee member has a non-work related financial, familial, or personal relationship, a direct supervisory relationship, or a close collaboration with a candidate on research projects.  All ARG members, Committee members, and observers must disclose any potential conflict of interest to the ARG.  After full disclosure, the ARG may decide by majority vote to recuse the person from specific ARG activities.  An ARG member who is a candidate’s current direct supervisor of record is automatically recused from the final vote on the candidate.  A member may recuse himself or herself from any part of the process by declaring a conflict of interest.

Section 3. Equal Employment Opportunity

UCAR Equal Employment Opportunity Policy applies to all ARG processes.

 

Article III. Responsibilities & Procedures

Section 1. Responsibilities

  1. The ARG determines the final referee lists.
  2. The ARG investigates issues related to the nomination as referenced to the appointment criteria.  The ARG shall appoint investigative committees to facilitate this process.
  3. The ARG makes recommendations on nominations to the NCAR Director.

Section 2. Procedures

  1. Specific rules and procedures by which the ARG conducts its activities are contained in the ARG Standing Rules.
  2. The ARG Standing Rules are set by the ARG.

Article IV. ARG Membership

The members of the ARG shall carry out the duties and responsibilities of the ARG.  The ARG is composed of experienced Senior Scientists and Senior Research Engineers who collectively represent the broad range of scientific disciplines within NCAR.  Members should not consider themselves representatives of their Laboratory or Observatory, but of NCAR at large, and should carry out their duties and responsibilities without regard to the organizational entity of the candidate or the ARG member.

Section 1. ARG Size

The process for selection of ARG members is designed to maintain an ARG size of approximately 18 members.

Section 2. Member Eligibility and Qualifications

Membership on the ARG is subject to the following:

  1. Normally has been a Senior Scientist or Senior Research Engineer for at least 3 years.
  2. Expected to be able to complete a full term (exception described in Section 3b).
  3. Normally has previously served on an Investigative Committee.

Section 3. Member Selection

ARG membership is determined as follows:

  1. The number of members appointed by each Laboratory or Observatory is the number of full-time equivalent (FTE) Ladder-Track Scientists and Research Engineers within the Laboratory or Observatory divided by the “factor”, and rounded to the nearest integer.  The “factor” is approximately equal to the total number of FTE Ladder-Track Scientists and Research Engineers within NCAR divided by 18.
  2. The AD shall appoint new ARG members as vacancies arise, or if the Laboratory or Observatory becomes eligible to appoint an additional member.  The appointed members need not be selected from the appointing entity. The AD may adjust the terms of appointments as necessary to maintain a staggering of appointments.
  3. The ARG shall adjust the proportional distribution (i.e. the “factor” employed in Section 3a) every five (5) years, or if the total membership exceeds twenty (20) or drops below sixteen (16). 
  4. Members may only be appointed at the beginning of the ARG cycle.

Section 4. Member Terms

Terms of membership are subject to the following:

  1. A normal term is three (3) years.
  2. If a member cannot complete the term, a replacement will be selected employing the process in Section 3.

Section 5. Member Duties

  1. ARG members shall attend in person any ARG meeting at which there are substantive discussions of the candidate(s).  Failure to attend the full discussion of a candidate disqualifies the ARG member from participating in the final ballot for that candidate.
  2. All eligible and not recused ARG members are expected to vote on the final ballot for candidates.  Failure to complete the ballot will be counted as a negative vote.

Section 6. ARG Meeting Observers

  1. The NCAR Director, NCAR Deputy Director, NCAR Associate Directors, the UCAR Human Resources Director or delegate, and the NCAR Operations Director are invited to attend ARG meetings as observers. 
  2. Investigative Committee members may observe and participate in the presentation of their Investigative Committee report.
  3. Observers may offer clarification or comments during discussion of candidates but should avoid advocacy of candidates.

Article V. ARG Chair

Section 1. Chair Eligibility and Election.

  1. A current ARG member with at least one (1) year of ARG membership by the beginning of the term as Chair. 
  2. The ARG Chair is not normally directly elected.  The elected Vice Chair of the previous ARG cycle will normally become Chair in the next ARG cycle.
  3. In the event that the Chair is unable to complete his or her term, the Vice Chair will become Chair, provided he or she has at least one year of ARG membership.  Otherwise, a special election for Chair will take place using the procedures for the election of the Vice Chair (Article VI, Section 2)
  4. In the event that the Vice Chair is unable to assume the position of Chair in the following ARG cycle, a special election for Chair will take place using the procedures for the election of the Vice Chair. (Article VI, Section 2)
  5. No member may serve consecutive terms as ARG Chair.

Section 2. Chair Term

The normal ARG Chair term is one (1) year, coinciding with the ARG cycle.

Section 3. Chair Duties

The ARG Chair shall:

  1. Lead the ARG in the execution of its duties.
  2. Preside at meetings of the ARG.
  3. Ensure that all rules contained within these Bylaws, the ARG Charter, the ARG Standing Rules, and any special rules of order that the ARG may adopt, are adhered to.  Serves as the final authority in the interpretation of the rules.
  4. Develop a draft list of Investigative Committee members in collaboration with the Vice Chair.
  5. Coordinate ARG activities with the Vice Chair, the Ladder-Track Appointments Review Administrator , and the NCAR Operations Director.
  6. Participate in discussions of the UCAR Board of Trustees Personnel Committee on issues related to the ARG if invited to do so.
  7. Coordinate and oversee the adoption and amendment process for the Charter, Bylaws, and Standing Rules.

Article VI. ARG Vice Chair

Section 1. Vice Chair Eligibility and Qualifications

  1. Normally able to serve a term as Vice Chair immediately followed by a term as Chair.
  2. No member may serve consecutive terms as ARG Vice Chair.

Section 2. Vice Chair Election

  1. The election for ARG Vice Chair will take place as soon as possible after the appointment of new members at the beginning of the ARG cycle. The ARG members of the next cycle will vote in the election.
  2. The Vice Chair is elected by plurality ballot.
  3. A tie in the first ballot will be broken by plurality ballot of tied candidates.
  4. A tie in the second ballot will be broken by the current ARG Chair.
  5. In the event that the Vice Chair is unable to complete a normal term, or replaces the Chair due to vacancy, a special election for Vice Chair to complete the term will take place using the procedures above (Section 2).

Section 3. Vice Chair Term

The normal ARG Vice Chair term is one (1) year, coinciding with the ARG cycle. Upon completion of the term as Vice Chair, this person normally assumes the position of Chair.

Section 4. Vice Chair Duties

The Vice Chair shall:

  1. Assist the ARG Chair in leadership of the ARG.
  2. Collaborate with the ARG Chair in the preparation of a draft list of ARG Investigative Committee members.
  3. Assist the ARG Chair in coordinating ARG activities with the Ladder-Track Appointments Review Administrator and the NCAR Operations Director.
  4. Temporarily assume the position of ARG Chair if the current Chair is unable to serve in that capacity.

Article VII. ARG Parliamentarian

Section 1. Ex-officio role

The NCAR Operations Director serves as the ex-officio ARG Parliamentarian.  

Section 2.  ARG Parliamentarian Duties

Provide advice to the Chair, Vice-Chair and ARG members in the interpretation of rules contained within these Bylaws, the ARG Charter, the ARG Standing Rules, and any special rules of order that the ARG may adopt.

Article VIII. NCAR Appointments Review Administrator

Section 1. Administrator Selection

The Ladder-Track Appointments Review Administrator is appointed by the NCAR Director.

Section 2. Administrator Duties

The Ladder-Track Appointments Review Administrator shall:

  1. Provide administrative support for the ARG, the ARG Chair, ARG Committees, and other ARG related activities.
  2. Assist the ARG Chair, Vice Chair, and NCAR Operations Director in coordinating ARG activities.
  3. Attend ARG meetings.

Article IX. Meetings

The ARG shall meet from time to time, according to the schedule in the ARG Standing Rules, to carry out the duties and responsibilities of the ARG.

Section 1. Quorum

  1. A quorum consists of three-quarters (3/4) of all ARG members.
  2. A quorum is required for ARG meetings at which there is substantive discussion of the ARG candidate(s).
  3. No proxies for members are allowed.

Section 2. Voting

  1. Voting on ordinary motions requires a majority to pass.
  2. A positive recommendation on the final candidate ballot requires a positive vote of two-thirds (2/3) of those eligible to vote. (Ineligible members include those that have been recused from voting.)
  3. The ARG Chair announces the tallies and results of each final candidate recommendation ballot.

Article X. Committees

Section 1. Bylaws Committees

  1. The Bylaws Committee is a standing committee of the ARG charged with developing or reviewing proposed revisions and amendments and making recommendations to the ARG on revisions to the Charter, Bylaws or standing rules.
  2. The ARG Chair appoints members of the Bylaws Committee who will serve a renewable three year term.
  3. Members of the Bylaws Committee are the ARG Chair, Vice Chair, and at least three (3) appointed Senior Scientists or Research Engineers (former ARG Chairs preferred).  The NCAR Operations Director and the NCAR Appointments Review Administrator are members ex-officio, and provide administrative support and advice.
  4. The Bylaws Committee Chair will be chosen by the members of that committee.

Section 2. Special/Ad Hoc Committees

  1. An ARG Investigative Committee (AIC) shall be appointed by the ARG for each ARG candidate.  The AIC collects and reviews information relevant to the ARG candidate to which they are assigned and then reports to the ARG.  An AIC will have a chair who is a current ARG member and two (2) other members who are Senior Scientists or Senior Research Engineers (but not necessarily ARG members). All AIC members must be from home entities different from that of the candidate. Home entity is defined as the laboratory/observatory-level affiliation except in the case of NESL where each division is considered a home entity.  For the purpose of AIC membership, the affiliation of a candidate or potential AIC member with a formal joint appointment or part-time appointment will be based on their home entity. All formal UCAR Joint Appointment Appointees have a designated home entity in UCAR that provides oversight of the employment arrangement.   
  2. The ARG may appoint special committees to work on specific ARG issues.

Article XI. Parliamentary Authority

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised will govern the ARG in all cases to which they are applicable and in which they are consistent with these Bylaws, the ARG Charter, the ARG Standing Rules, and any special rules of order the ARG may adopt.

 

Article XII. Adoption

Initial adoption of these Bylaws requires a majority vote by a quorum of two-thirds (2/3) of current NCAR staff with a Senior Scientist or Senior Research Engineer appointment.

Article XIII. Amendment

These Bylaws may be amended as follows:

  1. Amendments to these Bylaws may be proposed by the ARG, by the ARG Bylaws Committee, or by a group of five (5) Senior Scientists or Senior Research Engineers (the proposers). Proposed amendments must be accompanied by a rationale.
  2. Amendments will be considered for adoption at most annually. 
  3. The ARG Bylaws Committee will review all proposed amendments.  The ARG Bylaws Committee shall assess the impacts of the proposed amendments and make recommendations.  They may also submit an alternative proposal for consideration.  The proposed amendments, the ARG Bylaws Committee recommendations and alternative proposals will be forwarded by the ARG Chair to NCAR Senior Scientists and Senior Research Engineers.
  4. The proposers may withdraw a proposed amendment at any time prior to final vote.
  5. The ARG Bylaws Committee Chair shall provide the complete text of proposed Bylaws amendments, Bylaws Committee recommendations, and rationale for the proposed amendment at least two weeks before the vote.
  6. Amendment of these Bylaws requires a two-thirds (2/3) positive vote by a quorum of one-half (1/2) of current NCAR staff with a Senior Scientist or Senior Research Engineer appointment.
  7. Amendments to these Bylaws become effective at the beginning of the following ARG cycle unless otherwise stipulated.

Article XIV. ARG Standing Rules

The ARG Standing Rules are specific rules and procedures by which the ARG conducts its activities.

Section 1. Adoption of the ARG Standing Rules

Initial adoption of the ARG Standing Rules requires a majority vote by a quorum of three-quarters (3/4) of ARG members.

Section 2. Amending the ARG Standing Rules

The ARG Standing Rules may be amended as follows:

  1. Amendments to the ARG Standing Rules may be proposed by a current ARG member or by the ARG Bylaws Committee.
  2. Amendment of the ARG Standing Rules or an exception to the Standing Rules for a particular case requires a majority vote by a quorum of three-quarters (3/4) of ARG members if advance notice of the proposal is given.  If advance notice of the proposal is not given, amendment requires a two-thirds (2/3) vote by a quorum of three-quarters (3/4) of ARG members.
  3. Amendments will be considered for adoption at most annually.

Article XV. Definitions

The following definitions apply within these Bylaws.

AD – Associate Director of an NCAR Laboratory or Observatory

ARG – Appointments Review Group

ARG Candidate – A person who has been nominated for appointment to Scientist III, Research Engineer III, Senior Scientist, or Senior Research Engineer.

ARG cycle – The one year sequence of ARG-related events that begins with the appointment of new members.

FTE – full time equivalent.

Laboratory or Observatory – The primary organizational unit of NCAR.

Ladder-Track scientific and research staff with Scientist I, Scientist II, Scientist III, Senior Scientist, Research Engineer I, Research Engineer II, Research Engineer III and Senior Research Engineer appointments

Referee An external person asked to provide a written evaluation of the suitability of an ARG candidate for the nominated position.

Reporting Unit – The organizational entity one level lower than the Laboratory or Observatory level.

Experienced Senior Scientists or Senior Research Engineers – normally Senior Scientists or Senior Research Engineers of 3+ years experience in that position.