Whether or not the Faculty Senate violated state law when it voted by secret ballot and then destroyed the ballots April 1 is still being debated. University officials have either denied or sidestepped the issue, but a spokesman for the state press association says the senate is clearly subject to state sunshine laws.
President Michael Lane declined to comment on the secret ballot, citing “pending possible legal issues.” Senate President Harvey Foyle said during Tuesday’s meeting that he does not believe the group is subject to the Kansas Open Meetings Act.
At another point in the meeting, however, he appeared unsure.
“I actually have no knowledge of whether we’re under the Kansas Open Meetings Act,” Foyle said. “I don’t believe we are, simply because it’s never come up, it’s never been dealt with. The one small element I know in the Kansas Open Meetings Act says no secret ballots. We have secret ballots in our constitution. And I functioned clearly as best I could with the others.”
Mike Merriam, a lawyer for the Kansas Press Association, disagreed.
“That’s not much of a reason,” Merriam said during a telephone interview on Wednesday. “I don’t know why they wouldn’t be; they are a subordinate group of a public agency — the university. I know of no reason why they would not be under KOMA.”
The senate operates under a parliamentary handbook first published in 1876 known as “Robert’s Rules of Order.” When asked if “Robert’s” trump Kansas law, Merriam said no.
“Robert’s Rules does not have the force of law,” Merriam said. “It’s just an organizational tool that people may or may not employ as they see fit. The law, though, is binding. They do have to abide by the Kansas Open Meeting Act; they don’t have to abide by Robert’s Rules.”
The secret ballot was rescinded at Tuesday’s meeting and a roll-call vote was taken instead. Foyle said the senate rescinded the vote to honor Lane’s request for transparency, and not under pressure from any outside group, an apparent reference to The Bulletin.
One senator, however, questioned the legality of the secret ballot.
“It is my understanding, my reading, of the Kansas Open Meetings Act, under Kansas Statute, that secret ballots are not allowed,” said John Dougherty, internal auditor and director of governmental relations, during Tuesday’s meeting.
In response, Foyle said he relies on Lane for information about KOMA.
“I believe that we are not under the Kansas Open Meetings Act,” Foyle said. “Otherwise, this would not be this way. Also, I have sought clarification of that particular issue. That’s not the issue before us. We’re not going to get into a debate about that. I’m seeking clarification of that to find out whether we are or are not. There has been, in my opinion, misinformation on that subject in a variety of places and that’s why we’re seeking clarification. Before anybody asks who we are seeking clarification of, I’m seeking clarification from President Lane, who seeks clarification from those who give him, who he gets information from.”
Lane, however, said he was relying on the Faculty Senate for answers.
“What I’m doing right now is waiting to see what the faculty senate does at their meeting this afternoon,” Lane said. He also said he wasn’t planning to issue a statement regarding whether the Faculty Senate is subject to KOMA or the Kansas Open Records Act.
“In our meeting with Mark Goodman,” Lane said, “we told him the manner in which we would be dealing with the situation and we didn’t say we’d be issuing a statement.”
Last week, Lyon County Prosecutor John Marcus Goodman said he expected the university to issue a statement.
“I have requested informally that the university state its position on whether they believe the Faculty Senate to be an open meeting or not,” Goodman said. “I’ve spoken with the university and they have an acceptable solution. I’m going to let the president’s office issue a statement.”
Tracy Greene, university counsel, said Wednesday that she had been too busy since April 1 to grant an interview with The Bulletin. She also declined to respond to a question about whether the Faculty Senate is subject to KOMA or KORA.
“At this point in time, I’m not aware of any pending legal action,” Greene said. “I don’t have any further comments.”
Neither Greene nor Lane attend Faculty Senate meetings unless they are invited. By policy, according to Foyle, the meetings are open to the public. He also said, however, that secret ballots are provided for in the senate’s constitution.
Kelsey Ryan/Bulletin
EURO INSULT: KILTS ARE FOR GIRLS; They’re branded womenswear.(News)
Daily Record (Glasgow, Scotland) November 10, 2003 Byline: By AMY DEVINE EUROCRATS have ruled that the kilt is “womenswear”.
Spaniard Pedro Solbes, an EU commissioner, insists our national dress should be listed asa skirt on official forms.
And kiltmakers could be fined up to pounds 1000 if they don’t comply.
There was a furious reaction from kilt wearers last night. Movie legend Sir Sean Connery said: “If this is the case, I have been wearing a woman’s skirt for more than 45 years now.
“I own several and I find them very comfortable.
“Joking apart, I am very proud to wear a kilt. It is certainly not womenswear. It is an important part of Scots tradition and also smart evening wear.” The EU forms insult hundreds of thousands of Scots worldwide who wear their kilts with pride as well as Hollywood heroes such as Vin Diesel, Samuel L Jackson and Braveheart star Mel Gibson. site last night movie
51st State star Jackson said: “When I finally got the kilt and stood in front of the mirror looking at myself, it looked very cool.
“All of a sudden I had this whole sort of gladiator thing going on.” The controversy is down to EU government agency Eurostat, overseen by Solbes, member for economics and monetary affairs.
His department collates information from 15 member states to drawup business trends for the EU.
Scots kiltmaking king Patrick McGroarty is standing firm and refusing to complete the offending document unless it is amended to include Scotland’s national dress.
Patrick, 53, is the director of Caledonian Highland Dress Manufacturers, who made kilts for hit BBC series Monarch Of The Glen.
The Perthshire firm also supply kilts to expat customers in places like Vietnam and Nigeria.
Yesterday, dad-of-three Patrick hit back at the bureaucrats responsible for branding kiltwearing Scotsmen transvestites.
Patrick received the questionnaire after his company were chosen at random for a survey.
The UK version of the form was sent out on Eurostat’s behalf by the Office of National Statistics but there was no section for kilts.
Patrick said: “I phoned up and told them that they had made a very offensive mistake. They toldme just to fill in the number of kilts I had sold in the space they had provided for women’s skirts.
“But we don’t make skirts and if they wanted figures from a women’s apparel company, they should have gone to one. This makes no sense at all. The kilt is an internationally renowned tradition, so I don’t know how this was allowed to happen.
“It would be interesting to find out what proud kilt-wearing Scots would think of these people saying that they wear ladies’ skirts.” Patrick, who runs two workshopsand has 11 staff at his Abernethy site, was told there was no suitable category for his tartan creations and if he didn’t return the form, he would face the consequences.
He said: “My book-keeper noticed a line which said I would be fined up to pounds 1000 if it wasn’t returned.
“If they change the wording of the form I will gladly send it back, but not until then.
“This is ludicrous. The form I was sent was cheeky and insulting.
“To call one of Scotland’s most famous traditions a skirt is justdegrading and they should rectify this mistake immediately.
“They are ignorant to our traditions and background.” Scotland’s Minister for Culture and Tourism, Frank McAveety, wore the kilt on an official visit to Hollywood this month.
He said: “If Vin Diesel can wear a kilt and not feel any less of a man, that is good enough for me and should be for the rest of Europe.” An insider from Monarch Of The Glen insisted there was no gender confusion among fans of screen hunk Hamish Clark, whosecharacter Duncan wears Highland dress. this web site last night movie
She said: “Given the response we have from female fans, it’s clear they understand better than Euro chiefs that kilts are not for ladies.” Howie Nicholsby, of Edinburgh’s Geoffrey (Tailor) Kiltmakers, said: “Vin and Samuel would both recognise these comments for what they are. They know the differences between a kilt and a skirt.” Brussels bureaucrats have been behind a number of other barmy rulings in recent years.
They tried to ban number plates with saltires, the Lion Rampant or the letters SCO, but were forced into a retreat by a Record campaign.
Danish MEP Helle Thorning Schmidt wanted to ban bagpipes because they were too loud. He changed his mind after calls from dozens of angry Record readers.
Eurocrats even ruled bananas could only be slightly curved.
CAPTIONS:
ARE EU CALLING US A BUNCH OF GIRLS EWAN McGREGOR His only worry about the kilt on screen was “low camera angles”.
ROBBIE WILLIAMS Let him entertain you … after tartan up his image for Scotland SAMUEL L JACKSON The world’s most laid-back actor shows it’s cool to wear tartan VIN DIESEL The movie macho man gave the kilt x Xx appeal with his black leather number at the MTV awards in Leith last week MEL GIBSON You can take his life … but you’ll never take his kilt off RORY McCANN The porridge ad star has sowed a few wild oats with his kilt HAMISH CLARK Monarch of the Glen star’s kilt made him an “eligible bachelor” CAPTION(S):
MACHO MAN: Sean Connery defends our national dress; KILTY MAN: Eurocrat Pedro Solbes; YOU’VE SCOT TO BE JOKING: Sean Connery and kilt-maker Patrick McGroarty have slammed the ruling on the EU form, inset
