Remarks by Keith Richard, Archives September 20, 1994 concerning the UO Senate

The following information is of an Archival nature and reflects the nature of the UO Senate before the reorganization. It is thus a primarily historical rather than normative document
The President and professors constitute the PRIVATE faculty of the University, and, as such, shall have the immediate government and discipline of it and the students therein. The faculty shall also have power, subject to the supervision of the board of regents, to prescribe the course of study to be pursued in the University, and the text books to be used. University of Oregon Charter Section 14, 1876 (ORS 352.010, 352.004, 352.006)

UNIVERSITY SENATE

BACKGROUND Established in 1932 as the Academic Council the present-day University Senate was created with the idea that a body was needed to screen legislation before it reached the monthly meeting of the University Faculty. In 1937 the name was changed to the Faculty Senate and, in 1974, when 18 students were admitted to membership, the name was changed to the University Senate. In 1985 the University Assembly voted to give to the University Senate authority to create legislation and not just clean up legislation for Assembly action. The limits of this power are given below.

The Student members are elected by the student body and have full rights in both the Senate and the University Assembly. The one issue that the Student Senators cannot vote on is their membership in either body. (The ASUO is a creature of Presidential/faculty power delegation to undertake certain student oriented activities. For example, the faculty has delegated to the ASUO the right to determine the rules of eligibility of its officers, and other functions. The ASUO has a constitution that governs its activities. The President of the University can veto ASUO legislation, and incidental fee funding. The OSSHE Board has also established certain guidelines for the operation of student government. [The delegation of power from the President is a formal document, and from the Faculty it is in faculty legislation, and from OSSHE in administrative rules.])

DUTIES/PROCEDURE/RULES The University Senate is the main legislative body of the University. Its duties are serious and in most cases public. The Senate has adopted certain rules of procedure, but for the vast majority of its rules Robert's Rules of Order (9th Edition) are the rules of the Senate. The Senate is a deliberative body, decorum and procedure are important in getting the work of the Senate done in a prompt and efficient manner and, thus, the Senate is not an informal organization. As a deliberative body with legislative power, formal organization, with rules, standards and established methods of procedure are required and must be followed. It is because of this that Robert's Rules are, for the most part, are the rules of the University Senate.

Customs of formality that are followed by the presiding officer and members under parliamentary procedure serve to maintain the chair's necessary position of impartiality and help to preserve an objective and impersonal approach, especially when serious divisions of opinion arise.

ELECTION Faculty Senators are elected in two different methods. In even numbered years, e. g., 1992 each School/College elects Senators directly. The distribution is: Arts and Sciences--9; Law--1; Journalism--1; Library--1; Music--1; Business Administration--1; Architecture and Allied Arts--1; Education--1. Two at-large seats are filled by a general election of the voting faculty with nominations coming from the Professional Schools and Colleges. In odd numbered years the Faculty Senators are elected by the voting faculty with nominations coming through the petition process. Nine faculty members from the Arts and Sciences are elected and 9 from the Professional and Unaffiliated faculty are elected. Faculty Senators serve two year terms.

Under the rules of the University Assembly 18 students are to be elected to the University Senate by the Student Body. The ASUO Constitution defines the terms and assigned positions for representation of each of the 18 Student Senators. Under a change made in the ASUO Constitution in 1994 the student body voted to have the ASUO Vice President designated as the Chair of the Student Senate. However, the Vice President does not have a vote in the University Senate as the Vice President is not one of the 18 designated Student Senators.

ATTENDANCE REQUIRED The Secretary is charged with removing any senator who misses 3 meetings unless the Secretary is informed in advance that a senator will be absent from a meeting. This notification can be through the campus mail or by telephone. (See Attendance below)

AUTHORITY AS A LEGISLATIVE BODY The Senate is the primary legislative body of the University (see above). All motions or resolutions (with the exception of memorials for deceased faculty members) must originate in the University Senate. The Assembly legislation of June 1985 established the following guidelines for the Senate in the government of the University.

Unless one of the above (1-4) special provisions is applicable the Senate action shall be binding. Through delegated responsibility from the OSSHE Board the President has VETO power over any legislation passed by the Senate or the Assembly, except, perhaps, where shared power exists in curriculum. (SEE BELOW: President of the University)

RIGHTS OF VOTING FACULTY MEMBERS Any member of the voting faculty has the right to speak on the floor of the Senate, join in debate/discussion on any issue before the Senate as well as the right to introduce motions and resolutions for Senate action. However, only members of the University Senate may vote on motions and resolutions.

The Senate may initiate legislation, which usually occurs after a study is conducted by an internal Senate Committee. The Senate may and does initiate studies of University problems, which may result in proposals for faculty legislation, recommendations to the President, etc.

MEETING DATES Meetings of the University Senate normally takes place on the 2d Wednesday of each month--October through May. The Senate has the right to call additional meetings during a month when necessary. Prior to a meeting of the Senate the President of the Senate shall send out the agenda to each member of the Senate. All motions, if not introduced at a preceding meeting of the Senate, MUST BE CIRCULATED TO EACH SENATOR 10 DAYS PRIOR TO A SCHEDULED MEETING. The President of the Senate has this responsibility. (CALENDAR FOR 1992-93: Oct. 14, Nov. 11, Dec. 9, Jan. 13, Feb. 10, Mar. 10, April 14, May 12 & 26.)

BY-LAWS OF THE SENATE Unless otherwise noted Robert's will be the rules of the Senate.

Senate Rules Committee: "The Rules Committee shall consist of three persons. The Rules Committee is charged with negotiating with the sponsors of motions/resolutions, in advance of the appropriate Senate meetings, for possible clarifying and editorial changes in notices of motions sent to the Committee by the President of the Senate." (Sept. 1970 & Sept. 1972) The Senate standing rule instructing the Rules Committee does not appear to require a rules Committee to report on every proposed motion, but gives discretion to the President to request a report. The Rules Committee Chair should contact the sponsor(s) of the motion to arrange whatever discussion is necessary to put the motion into proper form. The Chair of the Rules Committee should report changes in wording or procedure to the sponsor(s), whether accepted by the sponsor(s) or not. The Rules Committee form of the motion is the one introduced into the Senate. The intent of the motion cannot be altered or changed by the Rules Committee. Any conflicts in word usage, meaning, purpose or structure should be remedied prior to the Senate meeting at which the motion will be formally acted upon. The Rules Committee Chair should make sure the mover of the motion has provided a valid Fiscal Impact statement prior to formal introduction of the motion at the next meeting. (See below "Fiscal Impact Statement")
Senate Executive Committee: Traditionally this Committee has consisted of the elected officers of the Senate, and the Secretary. They may appoint additional student and faculty Senators. The function of the Executive Committee is to advise the President and facilitate the work of the Senate. At present it meets at the call of the President and does not have a regularly scheduled meeting date.
Distinguished Service Award Election: "The President of the Senate is authorized to request the persons present at the time of the election of the persons receiving the Distinguished Service Award to refrain from making such names public until the University officially announces the names of the recipients." (Adopted Nov. 1973) SEE: Executive Session above.
Honorary Doctorates: The University Senate has established rules for the granting of a honorary doctorate. These rules are available from the Secretary. The Senate shall go into executive session when considering nominees for this degree.
Report of the Committee on the Curriculum: Although final action on the Report of the Committee on the Curriculum is the prerogative of the Assembly the University Senate does act on the Report. The Report is sent to each member of the Senate in advance of the scheduled meeting (usually the December meeting of the Senate) and Senators are expected to read through the document and to prepare comments, etc., in advance. The Report is carried by the Chair of the Committee during Senate debate. The Report (a motion in reality) requires no second. Senate action is not limited to voting on the Report, the Senate is expected to clarify the report, inquire as to changes or additions or deletions, make motions to amend if necessary, and to vote on the amendments, etc. The Report that is passed on to the Assembly is the Report as passed by the Senate.
The President of the Senate--not the Chair of the Committee on the Curriculum--introduces the Report to the Assembly. The form of the motion is as follows:
"On behalf of the University Senate, I move that the University Assembly approve the Report of the Curriculum Committee, dated ----------, consisting of pages with Arabic numeral 1 through -- of the document headed "Proposed Changes for 19-- -- 19--."
The procedure seems to imply the Curriculum Committee report becomes a report of the Senate, which is then presented to the Assembly. In the discussion in the Assembly meeting, however, the primary responsibility for explaining and defending the report remains with the Chair and members of the Committee on the Curriculum. If necessary the President of the Senate shall explain any amendments that were made to the original document by the Senate.
Committee on Committees: University Senate legislation concerning the organization and duties of the Committee on Committees has made this Committee responsible to the Senate. The actual legislation is available from the Secretary.
Nominating Committee: Appointed by the President to nominate individuals to various standing committees of the Senate, some standing committees of the Faculty, under certain circumstances the Interinstitutional Faculty Senate, ad hoc committees of the Senate, or other committees at the request of the President of the University or the President of the Senate. This committee also nominates candidates for President and Vice President of the Senate.
Officers of the Senate: The President and the Vice President are the elected officers of the Senate. These two offices will be filled at the May organizational meeting of the newly re-constituted Senate (that is the Senate that will serve in the next academic year). The Nominating Committee will present a name or names for each office and nominations shall be allowed from the floor. The vote is by secret ballot and a simple majority is required for election.
Interinstitutional Faculty Senate (IFS): The faculty member selected to this body represent the University of Oregon. Members are elected in two ways: 1) two are elected directly by the Senate, and must be University Senators at the time of election, with nominations coming from the Nominating Committee as well as the floor of the Senate; and 2) one is elected through the usual faculty voting method that is used for the Faculty Advisory Council, with the exception that the election is held during fall term. The person thus nominated and elected in this method is not required to be a University Senator at the time of election. Terms are three years with January 1 as the starting date of a term and December 31, three years later, as the ending date.
Votes: Proxy, Absentee, Mail: Legislation of the University Assembly does not allow proxy votes in the Assembly or the Senate. Oregon law does not allow absentee votes in either body. Mail ballots are a question that has not been fully and clearly resolved.
Quorum Rule: The Senate has a quorum rule. No business can be transacted unless a quorum is present. Normally the quorum will be 28 (fifty percent plus 1 of the total membership of 54), but Senate legislation in 1986 allows the Secretary to not count vacant positions in the total number of Senators to determine a quorum. The quorum call shall be by roll call and the Secretary will announce prior to the roll call what the quorum number is at that time. No meeting can commence without a quorum present. No business, except to adjourn, recess or to adjourn to find members to complete the quorum, can take place if a quorum is not present after the roll has been called. If business does proceed despite the lack of a quorum all business passed must be ratified at the next meeting when a quorum is present or the business is null and void. No notice of motion (New Business) can be introduced at a meeting that lacks a quorum.
Attendance: Senate rules requires that the Secretary keep a formal roll of all members of the Senate and at each meeting Senators are expected to check-off their name showing that they are present. This roll will also reflect all those with excused absences. The minutes of the Senate shall show all those present, excused, and absent. Any Senator that misses three meetings, without prior excuse, shall be removed from the rolls of the University Senate by the Secretary.
Resignations: If a Faculty Senator finds it necessary to resign from the Senate the Secretary should be notified immediately. If the Faculty Senator was elected in an odd numbered year the Secretary will commence to find a replacement. If the Faculty Senator was elected during an even numbered year the Dean of the involved school/college will commence to find a replacement. The Secretary of the Senate shall be notified as to the name of the replacement.
Student Senators are elected by the ASUO, but if they resign the Secretary of the University Senate shall be notified. The Student Senate shall find a replacement and that name shall be given to the Secretary.
Fiscal Impact Statement Requirement: All motions that might have any fiscal responsibility or impact must be accompanied by a fiscal impact statement at the time the motion is introduced. This statement can be for cost savings, new or created costs, or for being cost neutral. The Senate, in final disposition of any legislation where a fiscal impact might exist, is obligated to know the fiscal information prior to the final passage of any legislation.
Parliamentarian: The President of the Senate shall appoint a Parliamentarian for the University Senate to advise the President on difficult parliamentary points.
Secretary: At present the Secretary of the Faculty/Assembly serves as the Secretary of the Senate. This is an ex-officio, non-voting position. The coordination of Senate action and notification to the voting faculty and the Assembly of that action and the arrangement of legislation to go before the Assembly prompted the Senate to create this type of Secretary in 1986. However, the Senate is free to elect its own Secretary.
President of the University:

The President, under the rules of the Board of Higher Education, has the right to preside over the deliberations of the legislative body of the faculty of his/her institution and has the right of veto over their decisions, subject to review by the Chancellor. In rare instances the President has vetoed legislation, and even more rarely has the President failed to appear before the Senate or the Assembly to explain the reasons for the veto. The President has the right to define the scope of authority of faculties, councils, committees and officers of the institution, subject to review by the Chancellor and when not otherwise specifically defined by Board action or granted to the faculty by the Laws of the State of Oregon. (Historically the President was assumed to be the presiding officer of every University Committee/Council and that an appointed or elected presiding officer was a substitute for the President. This tradition ceased to exist years ago, but it is interesting to note that it was assumed that the power of the President included this authority from the days the University first opened.)

University Faculty Committees: All faculty committees are required to make annual written reports to the Senate. These Reports are to be submitted to the President of the Senate prior to the close of the academic year. The exceptions to this rule are the annual reports of the Faculty Advisory Council and the Faculty Personnel Committee. The report of the FAC is submitted to the Assembly at its last meeting in June, and the FPC report is submitted to the Assembly at the meeting of the Assembly in October (covering the work of the FPC for the previous academic year). Both Reports are published in the permanent minutes of the Assembly.

Since 1991-92 all faculty committees are appointed by the Committee on Committees, a committee appointed by the Senate and in cooperation with the President of the University. The Secretary has the legislation that established this procedure.