Larry Bereman comments on Faculty Senate actions

Editor, The Bulletin,

First of all, I would like to congratulate the staff of The Bulletin, and specifically, Kelsey Ryan, for their diligence in covering the violation of the Kansas Open Meetings Act (KOMA) by the Emporia State University Faculty Senate.

Second, I have a question. Has Harvey Foyle or anyone on the Faculty Senate bothered to consult KOMA? Foyle acts as if this is a debatable issue of some kind—that there is some question as to whether the Senate is subject to the act. I find that to be absolutely astounding, and it points to the fact that we (the university) need to offer some type of training in these matters to those who are to assume positions such as faculty senate president.

The Kansas Attorney General’s office has made it very clear what bodies it considers subject to KOMA and KORA (Kansas Open Records Act). Bodies subject to the law, as stated by the AG’s office, are legislative and administrative bodies, state agencies and political and taxing subdivisions “which receive or expend and are supported in whole or in part by public funds.” In other words, there is no doubt that the Faculty Senate is subject to the law.

I have a number of other questions that likely will go unanswered, much as the questions asked by the Bulletin reporter have gone unanswered. What is Tracy Greene’s function if it’s not to offer advice and answer questions relating to things of this nature? Why has the university counsel not informed the Faculty Senate that they are in violation of the law? Why do Harvey Foyle and others in high positions on the Faculty Senate continue to imply that “Roberts Rules” and the Faculty Senate Constitution somehow take precedence over state law? Why are these people not aware that the Faculty Senate is OBVIOUSLY subject to both KOMA and KORA, and that secret balloting is a violation of the law?

I don’t mind these people making asses of themselves by this type of activity. I resent, however, that they are making an ass of Emporia State University.

Sincerely,

Larry Bereman

English Department