<body text="#000000" bgcolor="#FFFFFF" link="#0000FF" vlink="#551A8B" alink="#0000FF"> <img SRC="UOSymbol1.jpg" ><hr> The following sequence of emails relate to a "timeline" concerning the Statutory Faculty Meeting which was presented by Former Senate President Gordon Sayre <hr> From: "Gordon Sayre" (gsayre@uoregon.edu) <br> To: "Paul van Donkelaar" (paulvd@uoregon.edu), "Peter B Gilkey" (gilkey@uoregon.edu), "President Frohnmayer" (pres@uoregon.edu) <br> Cc: "Franklin Stahl" (fstahl@uoregon.edu), "Gwen Steigelman" (gwens@uoregon.edu) <br> Message contains attachments Statutory Facult May 6 summary.rtf (9KB) <p>Paul, Peter, and Dave: <p>From recent exchanges with Paul and other colleagues, it appears there may be some rumors and misunderstandings circulating around campus about the reasons behind, and purpose of, next wednesday's meeting. <p>Because I wrote the letter to the DOJ requesting the opinion, I feel a certain responsibility to try to clear up these misunderstandings. So I have prepared a timeline of the events that have led us to this point, and hoped that I might present this at the start of the meeting, to better inform those who attend who have not followed it closely. <p>I attach my draft. I might turn this into a power point presentation, or print it on a single page for distribution. I ask for your suggestions. <p>Respectfully submitted, Gordon Sayre <br>Professor of English <br>521 PLC University of Oregon Eugene, OR 97403 ph. 541-346-1313 fax 541-346-1509 <hr> <p>Statutory Faculty Meeting May 6th, 2009 <p>Why are we meeting here today? How did we get here? a timeline presented by Gordon Sayre <p>1876 University of Oregon Charter, Section 14, (codified as ORS 352.010) provides that: "The President and professors constitute the faculty of the University, and, as such shall have the immediate government and discipline of it and the students therein. <p>1974 Student members are included in the Assembly for the first time <p>???? Officers of Administration are included in the Assembly <p>2003 February 27th UO Assembly meeting called to consider a resolution against the Iraq War and held in the Student Recreation Center, fails to meet a quorum of half the total membership of the Assembly, which includes all "officers of instruction, librarians, officers of administration" numbering more than 1500 people. <p>2008 February 13th Senate Meeting Motion US 07-08 - 10, sponsored by Frank Stahl, is adopted. It reads: <ul> BE IT RESOLVED that the Senate President seek timely clarification (with arguments) from the Attorney General regarding the following issues: <li>1. Is a UO Assembly with legislative power (approximately 2,000 members) able to pass a motion only by affirmative vote of a majority of its membership, and <li> 2. If so, how does such a UO Assembly differ from other governing bodies, such as City Councils, School Boards, etc., for which legislation is enacted by an affirmative vote of a majority of the members present (given that the quorum requirement has been met)?</ul> <p>2008 March 24th In response to the motion, Senate President Gordon Sayre sends letter to Oregon Attorney General's office. <p>2008 July 28th, Nov. 7th Donald Arnold, Chief Counsel, replies with a draft, and then a final opinion. It provides that: <ul><li>* "the Assembly may pass a motion...by an affirmative vote of a majority of its members present at a proper meeting, even if less than fifty percent of the total membership is present" (page 1) but also <li> "the statutory faculty has effectively ceased to exist as a body, having been replaced over the years by the Assembly." "the Assembly consists of 'all University of Oregon officers of instruction, librarians, officers of administration' and a fixed number of students. By contrast, the ORS 352.010 faculty is a less inclusive group, i.e. the 'president and the professors.'" (page 12) <li> "the statutory faculty probably may delegate all or part of its ORS 352.010 powers to a separate body such as the Assembly" and "the apparent intent behind the decision to include non-faculty members in the Assembly was not to delegate authority to the Assembly but rather to treat the Assembly as the statutory faculty" (page 14) </ul> 2009 May 6 Statutory Faculty Meeting is convened, following the membership and quorum requirements articulated in the Oregon DOJ opinion. As President Frohnmayer wrote in calling today's meeting, the opinion recommends that "the faculty take action to delegate the faculty's statutory powers to the University Senate and that the faculty take action to ratify all past acts of the University Senate." <hr> The above information was posted with the permission of the author: <hr> <p> On Fri, 1 May 2009 16:17:42 -0700, "Peter B Gilkey" (gilkey@uoregon.edu) wrote: <p> Dear Gordon. <br> I solicit your permission to post your email and the accompanying document on the SF website and link it appropriately from the "auxiliary documents" web page as I think it provides a valuable contextualization. PBG <p> Subject: Re: Statutory Faculty meeting <br>To: "Peter B Gilkey" (gilkey@uoregon.edu) <br>From: gsayre@uoregon.edu <br>Date: Fri, 1 May 2009 18:24:46 -0700 <p> Peter: you certainly have my permission to post it.... <hr WIDTH="100%"> <table> <tr ALIGN=LEFT BGCOLOR="#EBF887"> <td><font size=-1>Web page spun on 2 May 2009 by <a href="http://uoregon.edu/~gilkey">Peter B Gilkey </a>202 Deady Hall, Department of <a href="http://uoregon.edu/~math">Mathematics</a> at the <a href="http://uoregon.edu">University of Oregon</a>, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:<a href="mailto:peter.gilkey.cc.67@aya.yale.edu">peter.gilkey.cc.67@aya.yale.edu</a> of <a href="http://uoregon.edu/~gilkey/spider.html">Deady Spider Enterprises</a></font></td> </tr> </table> </body> </html>