Redbook Section in Question:

Bylaws II.II Section 9 Clause 6.4

Date:

08/25/2020

Question (Be as specific as possible):

Can the Senate Executive Committee chose to not place a piece of legislation on the agenda that is in compliance with the Constitution and Bylaws, University Policies, Procedures, and/or state and federal laws and has met all other normal qualifications for be heard at a meeting (such as legislative deadlines)?

Attorney General:

Dallas Blackburn

Text Section in Question:

Bylaws I.II § 9 (6.4):
6.4 The Executive Committee may:
6.4.1 Not fail proposed legislation unless acting as the Summer Senate, in accordance with these Bylaws.
6.4.2 Amend proposed legislation that is not in compliance with the Constitution and Bylaws, University Policies, Procedures, and/or state and federal laws.
6.4.3 May make recommendations on proposed legislation to bring in compliance with Senate financial guidelines if the original proposed amount and the reason for the recommended amendment is stated on the proposed legislation.
6.4.4 Table proposed legislation not in compliance with the Constitution and Bylaws, University Policies, Procedures, and/or state and federal law, only when the Committee cannot reach a majority consensus on appropriate and corrective amendments.
6.4.4.1 If proposed legislation is tabled, it will be the responsibility of the sponsor to bring the legislation into compliance with the above statutes before it can be resubmitted to the Senate.

Interpretation:

The question posed is whether or not the Senate Executive Committee can choose to not place a piece of legislation on the agenda that is in compliance with the Constitution and Bylaws, University Policies, Procedures, and/or state and federal laws and has met all other normal qualifications for be heard at a meeting (such as legislative deadlines).

Article I.II, Section 9, Clause 6.4 does not reference the ability of agenda setting. However, Clause 6.4 is an incomplete list of the powers and duties afforded to the Senate Executive Committee. Clause 6 of this section must be looked at in its entirety in order to gain a complete picture of all of the powers and duties of this body. Clause 6.1 in Section 9 states, “To set the agendas for all Senate meetings.” This clearly gives the Senate Executive Committee the power of agenda setting, which allows the body to choose what to place on the agenda for all Senate meetings. No other clause contained within the Constitution or Bylaws expressly forbids the Senate Executive Committee from choosing to not place a bill that is in compliance to laws, rules, policies, and procedures on a Senate meeting agenda.

Thus, the Senate Executive Committee can choose to not place a piece of legislation on the agenda even if that bill is in compliance with the Constitution and Bylaws, University Policies, Procedures, and/or state and federal laws and has met all other normal qualifications to be heard at a meeting.