Sunday, November 29, 2009

Can anyone explain this to me?

I don't want to spend too much time on this since most probably do not care, but I'd like those who read this to mull this over and give some feedback.

It is indisputable that the Open Meeting Law applies to the ASUN Senate and its committees. The law provides that public bodies can take action on items only when the public is noticed through an agenda that contains "[a] clear and complete statement of the topics scheduled to be considered during the meeting" and "[a] list describing the items on which action may be taken." NRS 241.020(2)(c)(1)-(2).

The idea here is that the public should know what it is their representatives will be doing. When a public body takes action beyond the scope of its notice, it violates the law. (More on the clear and complete standard and scope provisions available here.)

The Committee on Government Operations had an item on its agenda, and the Senate has the same item on its agenda for its meeting this week, which reads as follows

Senate Bill 77-__ To Establish the ASUN Revised Statutes.
On its face, the item appears to be quite vague. However, using the commonly understood legal meeting of "revised statutes," it would appear that the Committee was considering creating a codification of ASUN law. Codifications themselves are never used to make substantive changes to law.

In addition to considering whether to create a codification of ASUN law, the Committee did the following:
  • Made substantive changes to existing law regarding compensation of ASUN officials, senators, and employees
  • Created new law governing the Speaker of the Senate
  • Created new law governing the Secretary of the Senate and that officer's compensation
  • Changed the title of an official publication of the Association
  • Made substantial changes to existing law governing the Vice President of ASUN and the Unity Commission
  • Changed the number of programmers and assistant programmers in the Programming Department
  • Changed the number and name of assistant directors in the Homecoming Department
  • Made a change in the name of the Executive Schedule for officer compensation ("level" to "tier")
  • Changed the terms of office of clubs commissioners
  • Changed the terms of office of programmers
  • Changed the compensation scheme of elections officers
  • Changed spending limits on election campaigns
  • Changed removal procedures when Student Union is closed due to catastrophic emergency
  • Changed funding obligations ASUN scholarships
  • Changed requirements on ASUN Archives to keep digital copy of the archives
  • Created brand new law on the following programs and services, including compensation and discussion of Federal labor laws and minimum wage laws
    • Legal Services
    • Sound and Lights
    • Inkblot
    • Advertising Department
    • Campus Escort
    • Administrative support
  • Created new law governing the relationship of ASUN to student publications
So where exactly in "Senate Bill 77-__ To Establish the ASUN Revised Statutes" does it say that the Committee and Senate would discuss and take action on all of that? Never mind the fact that the committee made substantive changes to law it has no jurisdiction over. If someone can answer that for me, I'd much appreciate it. I'm particularly interested in obtaining the view of Sen. Brandon Bishop, the Senate's parliamentarian and member of the Committee.

Oh, by the way, there wasn't a single ASUN member, other thnt the senators on the committee, who was present to offer testimony on this bill.

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