Vis Lupi Est Grex

Liberal Arts Job Interview: Procedure and Stuff

We sent this e-mail to the candidates for the open Senate seat. We're republishing it here so everything is on the up-and-up.

Dear Candidates:

I thought it would be a good idea to inform you of your rights tomorrow under the Senate's Rules and the Nevada Open Meeting Law, since it is doubtful anyone else would do so. Also, I'll briefly explain what you can expect. I provide you with this information so you are properly armed with the tools necessary to stand up for your own interests, because no one else will.

Under the Rules of the Senate and the Senate's parliamentary authority, it takes a majority of the votes cast to be appointed to the vacant seat. That is the only relevant provision in the rules and parliamentary practice governing the appointment to a vacant seat.

Because there are multiple candidates, the Senate will likely proceed by ballot, much in the same way they did for selecting a Speaker. (This is opposed to considering a resolution making an appointment when there is only one applicant, because only an up or down vote is required on one candidate. The person is either in or not.) The candidate with a majority of the votes wins. If no candidate has a majority after the first round of balloting, the Senate continues balloting until it either makes a selection or decides to keep the seat vacant so as to receive more applicants for the seat, but either must be by majority vote. The rules do not authorize dropping the candidate with the fewest votes in each round of balloting, but a may voluntarily withdraw his or her name from consideration, but the Senate is not obligated to acknowledge the request for withdrawl. It would be a violation of the Open Meeting Law for the Senate to change the rules or adopt different rules at the meeting.

The Senate is bound by the terms of the Nevada Open Meeting Law (Chapter 241 of NRS). In fact, if the Senate violates that law, senators found guilty of knowingly violating the law can be removed from office and have a disciplinary note placed in their transcripts.

Among the many provisions of the law is the requirement that the Senate must provide, and you are entitled to receive, written notice of tomorrow's meeting by either 21 days' notice by certified mail or 5 days' notice by personal service (NRS 241.033(2)). In fact, if you have not received notice by either method, the Senate cannot proceed with the selection tomorrow, unless you voluntarily waive your right to such notice. You are under no obligation to waive your right to this notice, and it would be improper for the Senate to condition consideration on your waiver of notice.

If you are unable to attend the meeting for any reason, have not received notice of the meeting as is required by law, and have not waived your right to such notice, we strongly suggest you contact the Speaker of the Senate to object to the Senate proceeding with selecting a candidate. If they do anyway, you would have grounds to file a complaint against the Senate for violating your rights under the Open Meeting Law.

Further, under NRS 241.030(4)(e), the Senate may not close the meeting. That means they cannot exclude you from the meeting. Typically, the Senate will request candidates to leave the room during the consideration of the other candidates, but you are under no legal obligation to do so.

The candidate who is duly selected will then be administered the oath of office, as is required by the Constitution and the ASUN law. After taking the oath, you will be a member of the 77th Session of the ASUN Senate.

Those are your rights under the Senate's Rules and the Open Meeting Law and what you can expect tomorrow as far as procedure goes. If you have any questions that I can help you with, please do not hesitate to contact me through this e-mail address.

I wish you the best of luck tomorrow!

Best regards,

Lupus (The Wolf)


~Vis Lupi Est Grex~
The Strength of the Wolf is the Pack
http://vislupiestgrex.blogspot.com
vislupiestgrex@gmail.com

One thing that needs to be clarified, when I stated by ballot, I really meant to say by roll call vote. The roll of Senators would be called, and the Senators would respond by giving the name of the candidate of their choice. It should be handled the same way as the election for Speaker was handled.