Subject: Fwd: VP election
To: Peter Gilkey
From: Franklin Stahl
Date: Fri, 29 May 2009 14:00:56 -0700
Peter. Thanks. Please post

Begin forwarded message:

From: Franklin Stahl
Date: May 29, 2009 12:00:49 PM PDT
To: "John E Bonine \(UO\)"

John,

Your letter inadvertently illustrates a fundamental problem faced by the Senate -- a problem for which no one seems willing to obtain an authoritative settlement. Is the internal governance of UO subject to State Laws other than those in the University Charter, or not? If not, we can all presumably agree that the conduct of meetings is to be in accord with the Charter (which says nothing on this score, then the UO governance document and then Robert's Rules. Then we must recognize that, whether or not internal governance is subject to further State Law, the Faculty on 6 May 2009 declared the Senate subject to the provisions of the Oregon Public Meetings Law, as declared on the now properly ratified governance document of 1996.

It would be an unforgivable disservice to the incoming president for the University to leave these issues open.

I have written elsewhere my reasons for believing that internal governance at UO is subject only to the Charter, the IMDs of the State Board, and whatever rules we lay down in our governance document. The reasons are technical but we all can appreciate that "School Boards are subject to the Oregon Public Meetings Law but Teachers' meetings are not."

Frank

Dear Senators,

A funny thing happened at the Senate meeting on 27 May 2009. A vote for VP as taken, and, instead of announcing the result, the Senate President (Paul van Donkelaar) announced that the vote was invalid on the grounds that "there wasn't a quorum." (Of course there was a quorum. It is understood that Senate meetings don't start until there is a quorum. The fact that their were only 23 votes is, by parliamentary convention, an indication that there were some abstentions. At one meeting this year a vote of 9 to 7 was found acceptable by President van Donkelaar.)

This is the first occasion in my now rather extensive observation of the UO Senate that a quorum has been called AFTER a vote was taken. To clear the air it would be appropriate for former Senate President van Donkelaar to explain his unprecedented behavior.

Frank

Other relevant links.
1. Email of 29 May 2009 from Senate President Paul van Donkelaar concerning the VP Senate Elections.