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PROPOSED AMENDMENT TO BY-LAWS - SEC AUTHORITY

Failed a vote of the Mānoa Faculty Senate on October 19, 2011
18 voted in favor; 29 votes opposed


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Proposed Amendment to the MFS Bylaws

Proposed Change to Article III: Organization of the Executive Committee

Section 8. Rules and Regulations

Current language:

The Executive Committee may adopt rules and regulations for itself and for the Standing Committees, consistent with University and Regents’ policy, as it deems necessary.

Proposed language:

The Executive Committee may adopt rules and regulations for itself and for the Standing Committees, consistent with the MFS Charter, the MFS Bylaws, the MFS Rules of Order, the University and Regents’ Policy, as it deems necessary.

Justification

It forecloses the SEC from adopting a misguided and unfortunate interpretation that the current language authorizes the SEC to do anything it wants, that it is “Above the Law” of the Congress and Senate, even if what it wants to do is inconsistent with or violates the governing documents of the Congress and Senate.

Proposed Change to Article IV.
Committees Responsible to the Faculty Senate

Section 1.Standing Committees

f. Rules and Regulations

Current language:

In addition to those rules and regulations adopted for them by the Executive Committee, each Standing Committee and subcommittee may adopt rules and Regulations, consistent with University and Regent [sic] policy, as it deems necessary.

Proposed language:

In addition to those rules and regulations adopted for them by the Executive Committee, each Standing Committee and subcommittee may adopt rules and regulations, consistent with the MFS Charter, the MFS Bylaws, the MFS Rules of Order, University and Regents’ policy, as it deems necessary.

Justification

This will foreclose the misguided and unfortunate possibility of interpreting the current language as permitting Standing Committees to act in a manner inconsistent with or in violation of these governing Congress and Senate documents.