HTML Preview Special Meeting Minutes Verbatim Format page number 5.
Employment Training Panel May 11, 2009 Page 5
We believe that the statutory authority specifically provides that this body may act
pursuant to regulations and this was not an appropriate resolution that has
passed. In fact, I would think that it would clearly violate the Administrative
Procedures Act.
Maureen Reilly: What was your name again?
Robert Bonsall: Robert Bonsall (spelled his last name). I’m with the law firm of
Beeson, Tayer & Bodine.
Finally, 1) I don’t see that the regulations do provide for this; 2) I do not believe
that it complies with the statutory regulations that this body is bound to follow;
and finally 3) I am quite certain that it does not even follow basic principals of
Robert’s Rules for the conduct of meetings such as this, to the extent that they
apply. Robert’s Rules expressly provides that when the Chair, in this case the
Executive Director, should discern that there is a potential loss of quorum, if in
fact it is lost, the Panel must either recess or adjourn as is appropriate.
So, with all due respect, I do believe that the motion that was passed is violative
of Robert’s Rules and it is not consistent with your own regulations, nor the
statutory authority that you are operating under.
Janice Roberts: Well thank you Mr. Bonsall. I have been on this Panel for about
five years and as far as I know, every meeting that has been held, has always
made this delegation of authority. If there has been something that has been
inappropriate in the past, I’m sure it would have been brought up before this time.
We will take his comments into consideration, and asked if Ms. Reilly had any
comments.
Maureen Reilly: Yes, I do. Thank you Robert; very interesting to hear your
opinion in these regards. However, every administrative agency has implicit
authority to adopt regulations as it may need to, in order to effect the purpose of
the enabling law. We are not required to adopt regulations on internal
procedures. We follow Robert’s Rules of Order. You made a comment about
“statutory regulations.” You are confusing the statute, which is the enabling law;
and the regulations which are adopted by the Panel.
Robert Bonsall
: Yes, I understand there is a difference.
Maureen Reilly
: Yes, good. You made some comments about basic principles
and so forth. I would suggest if you have some comments about the authority of
this Panel to make a delegation such as just made, and acted on, you’re
welcome to write me a letter.
Robert Bonsall: I will do so.
Maureen Reilly: All right, thank you.