Thursday, July 9, 2009

Is Our Senators Learning: Committee Jurisdiction

This will be a short installment of IOSL. Before I begin, a bit of a disclaimer. There appears to be some dispute what the present form of Rule X is. In November 2008, the Government Operations Committee considered an amendment to the rule to change the descriptions of the committee's jurisdiction. We previously believed that amendment to have been agreed to by the Senate. However, the (one would assume) official listing of legislation on the ASUN Web site does not show said piece of legislation. Without ample proof, we are unable to state with any level of confidence what Rule X should say. So for the purposes of this piece, we will use the unamended text of Rule X which, as it would be, is the same text that is supposedly the "official" rule.


Rule X of the Rules of the Senate defines the jurisdictions of the standing committees. A standing committee is one that is permanently established under the Senate's Rules. Clause (d) of that rule informs us that the Committee on Government Operations has the jurisdiction to consider, among other things, "amendments to the Rules of the Senate."

So imagine my surprise to read today's Conduct and Appointments Oversight Committee agenda. Item 6(b) reads:

b. ABSENCE POLICY
The committee may discuss implementing an absence policy prior to the conduct hearing for senators who have exceeded 3 absences, pertinent to Senate Rule I (e) Attendance Policy. The committee may discuss the absence policy related to office hours. The committee may discuss or draft legislation regarding the Senate absence policy.
This is a problem. The Oversight Committee does not have legislative jurisdiction. Even under its amended description (here), there is no mention of the committee having jurisdiction beyond investigations of personnel issues, disciplinary hearings, confirmation hearings, reviewing senators' absences, and conducting impeachment hearings. Thus, it would appear that this committee is without the jurisdiction to consider legislation. They can talk all they want about what the rules should be, any one of the senators on the committee is free to draft a resolution to amend the rules, but it is the Government Operations Committee that has the jurisdiction to consider it.

I'm sure that Speaker Geremia, who is chair of the committee, won't let this pesky little rule stand in her way. After all, she didn't do anything to keep the Phantom Committee from meeting. These aren't hard things to fix, but this demonstrable lack of respect for rules and the written word is disturbing, considering all the senators took an oath to uphold them.

1 comment:

  1. Now that I look at it, same problem with item 6(c). The Committee doesn't have power to fund things. If the money will be appropriated from the Senate's account, only the Senate has the power to approve that spending.

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