2012-2013 University Senate
Monday, September 24, 2012
2:45 pm, Campus Center Assembly Hall
Andi Lyons, Chair
Minutes
Present:
J. Philippe Abraham, Bradley Armour-Garb, Hassaram Bakhru, Steve Beditz, Pedro Caban,
Anthony DeBlasi, Thomas Devlin, Bruce Dieffenbach, Evgeny Dikarev, Diana Dumesnil,
Susanna Fessler, Rick Fogarty, Elizabeth Gaffney, Jennifer Goodall, Glyne Griffith, Timothy
Groves, Hal Gueutal, Yenisel Gulatee, Jean Guyon, Janell Hobson, Timothy Hoff, Reed Hoyt,
Youqin Huang, LaRae Jome, Jane Kadish, Ann Kearny, Daniel Keyser, Alice Krause, Igor
Kuznetsov, Vincent LaBella, William Lanford, Danielle Leonard, Andi Lyons, JoAnne
Malatesta, Adrian Masters, Antun Milas, Robert Miller, John Murphy, Gregory Nowell,
George Philip, Susan Phillips, Sanjay Putrevu, Loretta Pyles, Lawrence Raffalovich, Eliot
Rich, Bruce Saddler, Joan Savitt, Helene Scheck, Lawrence Schell, Joette Stefl-Mabry, CaroBeth Stewart, Pavel Terpelets, Karen Torrejon, Aida Torres-Horwitt, Christine Wagner, Kevin
Williams, Oscar Williams, Mark Wolfe, Edelgard Wulfert, Ellena Young
Guests:
Jon Bartow, Benjamin Weaver, Kathie Winchester
The meeting convened at 2:45 pm.
Chair Lyons welcomed new and returning senators and said she hoped for a productive year.
APPROVAL OF MINUTES
The minutes of May 14, 2012 were approved by a voice vote.
PRESIDENT’S REPORT—GEORGE PHILIP
President Philip welcomed everyone back. He noted the appointment of Dr. Robert Jones as the new UAlbany
president. President Philip said he was extremely encouraged in his meeting with Dr. Jones and believes he
will do a great job for the university. Dr. Jones visited the campus this past Friday and he was impressed by
the campus and warm welcome. President Philip believes the campus community will find Dr. Jones to be a
good listener and a very good president during his time here.
On September 20, the University presented its NY SUNY2020 plan to the Governor. The plan calls for
building and growth of the campus not seen since the 1960’s. The plan calls for investing in faculty as well as
campus support positions. The plan would provide growth over the next five year with increases in student
enrollment and will provide increased financial support, especially for students with the greatest need.
Included in the plan is a state of the art E-TEC facility which will create operating capital for the campus. The
2020 plan ties into the Strategic Plan investments and spans the six strategic areas of the plan. Once fully
implemented, the outlook is to create a new baseline for the University, additional growth for programs and
enrollment, and the potential for new employees. The full program can be viewed on the UAlbany home
page.
President Philip said the semester had a terrific start. There are 45 new faculty members on campus, of which
21 are women and 20 are people of color. He provided statistics on student enrollment which include the
following: 2,567 new freshman; 1,385 transfer students; 177 out-of state students; 163 international students;
183 presidential scholars; and 145 honors students. The freshman class is composed of a population with
38.8% diversity. Graduate admissions increased by 120 students for a total of 4,374 this year. The new
student dorms, Liberty Terrace, opened this fall. The complex includes 500 beds and has many sustainable
components. It is the first dormitory facility in New York State with a LEED Gold designation.
President Philip talked about the ongoing construction around the campus. The new data center is the most
recent project to begin and will be a state of the art facility for our server equipment. The project will be
completed in 2014. Landscaping continues at the main entrances on Washington and Western Avenues.
Other continuing projects include the athletic facilities, the fountain, the new School of Business building and
the renovation of the Mohawk Tower in Indian Quad.
President Philip noted the following accomplishments and events:
 Associate Professor Adam Frelin, Art Department, completed a commissioned project title Firefall.
The work is a historical re-enactment of a similar event held at Yosemite National Park for almost a
century.
 Chris Thorncroft, DAES Department Chair, was part of a $30 million NASA project at the NASA
Wallops Flight Facility in Virginia. Professor Thorncroft was joined by other faculty and doctoral
students to learn about the development of hurricanes.
 Assistant Professor David Hochfelder, History Department received a grant to organize a workshop
entitled “The Present and Future of Public History in New York”. The workshop will be held on
November 17 and is free and open to the public.
 Three faculty members from the School of Criminal Justice were ranked among the top productive
scholars in the discipline by the Journal of Criminal Justice Education. Allison Redlich ranked third
among assistant professors and Shawn Bushway and Greg Pogarsky ranked 4 and 9, respectively,
among associate professors
 Dean Robert Bangert-Drowns, School of Education, received the 2012 National School Development
Council Cooperative Leadership Award. The award was presented at the Capital Area School
Development Association Annual Awards Dinner last spring.
 Assistant Professor Michael Bloom, School of Public Health, authored a study published in the July
online journal Reproductive Toxicology that finds background exposure to levels of mercury and
cadmium commonly found in the environment may significantly interfere with early pregnancy
through in-vitro fertilization (IVF). The study is the first authored article on the topic.
 Governor Andrew M. Cuomo announced the members of the inaugural class of Empire State Fellows.
The nine fellows were selected from a pool of more than 900 applicants. The Empire State Fellows
Program is designed to prepare a new generation of leaders for policy-making roles in New York State
government.
 Professor Phil McCallion, School of Social Welfare, has been unanimously selected to receive the
AGE-SW Career Achievement Award for his outstanding work in gerontology.
 Assistant Vice President Michael Christakis, Student Success, was elected National President of the
300,000 member national leadership honor society, Omicron Delta Kappa.
 Homecoming Weekend, Fallbany, will be held the weekend of October 12-14.
 The 33rd Annual Citizen Laureate Awards Dinner will be held on November 1 in the SEFCU Arena.
This year’s awardees include community leaders Norman and Micki Massry who will receive the
Citizen Laureate and Katharine Briar-Lawson who will receive the Academic Laureate.
UNIVERSITY SENATE CHAIR’S REPORT – ANDI LYONS, CHAIR
The Chair would like to welcome everyone back to campus for the 2012-13 academic year. As of Friday, August 30, all Council
and Standing Committee Chairs had been elected, and both graduate and undergraduate students have been chosen to fill their seats
on Councils.
We will hold all full Senate meetings on Mondays, beginning at 2:45pm, continuing the tradition designed to attempt better
accommodation of teaching schedules and the varied commitments of Senators. SEC meetings will also begin at 2:45pm, and will
be on Mondays except October 10 and May 1, because of conflicts with Columbus Day and a full Senate meeting respectively.
Council Chairs are in the process of scheduling regular meeting times for their Councils, and will inform the Secretary of those
meeting times so they may be posted on the web site.
The State University of New York Board of Trustees has appointed Dr. Robert J. Jones as the 19th president of our University. His
appointment becomes effective on January 2, 2013. For the 2012-13 session, the University Senate has a parliamentarian from
Albany Law School once again. This year’s parliamentarian is Sabrina Rackow. Every indication is that the Governor’s office will
approve the final version of the campus NYSUNY2020 plan soon. Meanwhile, this fall finds us welcoming to campus a much
larger group of new faculty than we have seen in recent years. The Chair looks forward to a productive year in the Senate.
Chair Lyons reported that the writing initiative has been submitted to UAC and UPPC for their considerations. She
announced the date for a campus forum on diversity which will be held on November 14 and 15 and will be facilitated
by consultant Frances Kendall. Chair Lyons said the Senate is strongly encouraged to be part of the conversation. She
will provide further information as the date approaches.
ORIENTATION
Chair Lyons said that in the past, attendance has been low when a separate orientation is held for Senate
members. She hoped today’s presentation would increase efficiency throughout the year. Chair Lyons
encouraged everyone to visit the Senate website frequently for useful and important information.
Use of iClickers and Senate Procedures:
Chair Lyons presented mock bills to allow Senators an opportunity to familiarize themselves with using the
iClickers and to discuss the process of bringing a bill to the Senate floor. A bill that comes from a council is
advanced to the Senate floor once it is reviewed and approved by the SEC. Legislation introduced on the
Senate floor without going through a council or being vetted by the SEC requires a two-thirds approval by
those Senators present and voting, in order to be considered. If the two-thirds vote is not achieved, the bill
may get sent to a council or committee, the normal procedure for advancing a bill. Legislation that is
advanced to the Senate either directly from a council or via the SEC is presented by the Chair on the Senate
floor and opened for discussion.
Chair Lyons discussed the categories of legislation: bills and resolutions. After the Senate approves
legislation, it is forwarded to the president for approval and the Senate website is updated. Resolutions are not
binding and do not require approval of the president. They are submitted to demonstrate strong sentiment in
the Senate about a specific issue. A resolution from the floor can be amended during the discussion. It may
call for some particular action, but would not have any force of power.
Senator Scheck referred to the resolution passed last year calling for mandatory health insurance and believed
it carried some weight. Chair Lyons said while the resolution did not cause the policy to be implemented, it
added significant support in moving the initiative forward.
In closing, Chair Lyons added that senators are expected to attend Senate meetings each month as well as
serve on a council and attend those meetings.
OTHER REPORTS
UFS (University Faculty Senator’s Report) –Danielle Leonard, J. Philippe Abraham & Shadi
Shahedipour-Sandvik, SUNY Senators
The SUNY Senators will attend the Faculty Senate Fall Plenary meeting hosted by SUNY Oswego, October 25-27, 2012. Senator
Shahedipour-Sandvik has been asked to continue to chair the UFS graduate and research committee this year and will attend the
UFS planning meeting in Syracuse on Sept. 21-22nd. Senator Abraham will also attend the September session. The results of the
planning meeting will be reported at the Fall Plenary.
Senator Leonard reported that Senator Shahedipour-Sandvik attended the UFS planning meeting last week.
GSO (Graduate Student Organization) – Thomas Devlin, GSO President
GSO President Devlin reported that last year, GSO significantly overspent its budget including its reserve funds. The
GSO held its annual welcome back picnic with 450 students attending. The GSO held its first meeting on September 21
and passed its budget.
SA (Student Association) – Arthur Rushforth, Student Association President
No response
COUNCIL/COMMITTEE REPORTS
CAA (Council on Academic Assessment) – Adrian Masters, Chair
The CAA met on September 6th to determine the membership of its subcommittees and determine a schedule of meetings for the fall
semester. We also established a preliminary list of agenda items for the 2012-13 session.
CAFFECoR (Committee on Academic Freedom, Freedom of Expression, and Community
Responsibility) – Leslie Saint-Vil, Chair
Susanna Fessler, a member of CAFFECoR, reported in Chair Saint-Vil’s absence. The committee met once but did not
have a quorum. The committee will be revisiting an issue from last year concerning guidelines on how CAFFECoR
handles a complaint. The current language is over 25 years old.
CERS (Committee on Ethics in Research and Scholarship) – Carolyn MacDonald, Chair
CERS: Nothing to report.
COR (Council on Research) – John Monfasani, Chair
COR has its first meeting on September 13, where we appointed chairs to the various COR subcommittees. We still have some
vacant chairs, but we expect to have those filled by the time of the second meeting of COR in October.
CPCA (Council on Promotions and Continuing Appointments) – Sanjay Putrevu, Chair
We (CPCA) presently have 52 cases expected for the 2012-13 academic year. Three are already in queue in the Provost's office. Ben
Weaver sent out a reminder to the Deans to get an updated estimate of which cases are coming, so the number may change slightly.
The CPCA met on Tuesday, August 28 and Sanjay Putrevu was elected as Chair. The committee will meet weekly or bi-weekly
(depending on workload) starting on Wednesday, September 19.
GAC (Graduate Academic Council) – Tim Groves, Chair
The GAC met September 21, 2012, with the main order of business to populate the standing committees and elect chairs.
Chair Groves reported that progress has been made on populating the subcommittees but still need a chair for the
Committee on Curriculum and Instruction.
GOV – Christine Wagner, Chair
Chair Wagner reported that GOV held its first meeting on September 17. GOV addressed changes in council rosters
and Senate replacements. GOV also discussed replacement of a committee member to the ad hoc committee that was
formed last year as charged in Senate Resolution 1112-05R. That committee is expected to convene soon. GOV will
also be initiating a slate for a part-time senator and will send a call soon for nominations. She asked senators to
consider part time colleagues to nominate.
LISC (Council on Libraries, Information Systems, and Computing) – Elizabeth Gaffney, Chair
LISC was convened by Christine Wagner on Friday, August 31 st. After some brief discussion Elizabeth Gaffney was elected as
chair for the 2012-1013 academic year. General introductions were made. Some discussion ensued about the status of the
“Responsible Use of IT” Policy that the committee had discussed previously. It was felt that the committee still had some work to
do on responding to this policy. It was questioned whether LISC was an advisory body or a policy making body. Dr. Wagner
clarified that the Senate is advisory and therefore its committees such as LISC are also advisory. Some research will be done as to
the status of the policy and whether there is more opportunity for input from LISC.
Chair Gaffney reported that the council has set its meeting schedule for the semester and will meet again on October 9.
UAC (Undergraduate Academic Council) – Richard Fogarty, Chair
Chair Fogarty reported that the council has met and populated its subcommittees. Discussion began concerning the
writing proposal.
ULC (University Life Council) – Vincent LaBella, Chair
The ULC committee has met twice. The first to elect a chair and the second time the committee met with Tamara Minor and
Katherine Briar-Lawson to discuss the upcoming campus wide conversation on diversity and inclusion that will occur through this
academic year. The ULC committee is scheduled to meet with the diversity consultant on Friday September 21 st. That meeting will
include the Office of Diversity and Inclusion, the external consultant, the ULC committee, and will be open to the SEC committee as
well. There are meetings with the faculty and the consultant scheduled for Nov. 14 th and Nov. 15th . Details about these and other
future meetings will be forthcoming.
Chair LaBella reported that the council met with the diversity consultant on September 21. The meeting went very well
and ULC looks forward to the forum in November.
UPPC (University Planning and Policy Council) – Susanna Fessler, Chair
The UPPC met once during the summer to be updated on NYSUNY2020. For the 2012-13 school year meetings have been
scheduled every three weeks on Wednesday mornings. At our first meeting on September 12 th, we addressed the construction of the
academic calendar, at the request of the Registrar. We hope to establish a process whereby calendars are set for more than one year
in advance.
Chair Fessler reported that populating the subcommittees is almost complete. UPPC has received the writing proposal
and will discuss it at its next meeting on October 3.
NEW BUSINESS
Election of Senators Selected by their Council as Council Chair:
Chair Lyons said the majority of elected council chairs are already senators. The Bylaws states that Council
chairs must be faculty Senators. Occasionally, councils are unable to elect a chair from among those members
who are senators or senators are unable to serve in that capacity. If that happens, it’s open to the other
members of the council and is stated as such in the Charter:
VIII.3.3. As stated in Article II Section 6.3 of the Bylaws, council chairs must be Senators. If
a council is unable to elect a chair from among its Senators, it may nominate its chair-elect to
be appointed for a one-year term as a Senator by the approval of the Senate.
There are four chairs this year that need to be approved as senators: Adrian Masters, CAA; Sanjay Putrevu,
CPCA: Timothy Groves, GAC; and Elizabeth Gaffney, LISC. Chair Lyons asked for a motion to approve the
four chairs. A motion was made and seconded and the chairs were approved as senators for a one year term
with the following voting results: Approved: 46; Opposed: 2; Abstained: 1
Approval of Changes in Council Memberships
Senate Secretary Gulatee informed the Senate of several changes in council memberships since they were
approved by the Senate last spring. She reviewed the changes and there was no further discussion. The
changes were approved with the following voting results: Approved: 55; Opposed: 1; Abstained: 0
Resolutions 1213-01R and 1213-02R—Senator Scheck
Senator Scheck from the English Department came forward to introduce the resolutions and read the following
statement:
“I am not the author of these resolutions. Senators continuing from last year will have recognized these as the
resolutions put forward by Senator Wills after the Governance Council issued its task force report on the
question of procedural violations. The special meeting called to discuss those resolutions did not achieve
quorum. I am bringing them to the floor of Senate in Senator Wills’s absence, therefore, because I believe the
question of procedural propriety or violation has not been resolved and it behooves this
representative body to give the question due consideration. I recognize as well as anybody how difficult
the circumstance was, how dire the budgetary outlook, how urgent action was needed. I am not interested in
casting aspersions or assigning blame. If introducing these resolutions would seem to open an old wound,
perhaps we can say they do so lest that wound fester. The question about procedure is not limited to this
particular issue, but has implications for the future health of this institution. My hope therefore is that this
discussion will determine whether procedure was followed and, if Senate decides that it not followed, we may
consider next steps to rectify the situation.
The Governance Council qua ad hoc Task Force charged with investigating the question of procedure
produced an impressively well-articulated and detailed report of its findings and clearly invested a good deal of
time and effort to review the question thoroughly. They consulted at least 65 documents in the course of their
inquiry and raised vital and probing questions. In the end, they were unable to achieve consensus and in the end
were reluctant to use the term “violation” as a way to frame their discussion or in articulating the outcome.
That is to say, they did find that procedure was not followed in two places, but they attribute the lapses as much
to Senate as to the higher administration. Invoking Chancellor Johnstone’s cautionary remarks to faculty facing
“any difficult consultative process,” the report seems to suggest we let bygones be bygones and move
forward. Moving forward, the Task Force urges that “in the future, the administration must remain mindful of the
need to consult with the Senate, and to inform the Senate directly about its decisions with sufficient detail to
satisfy reasonable concerns and questions, both before and after decisions have been reached” (16).
That is all well and good, and certainly we must agree with that recommendation. But that simply reiterates
what is already explicitly stated in our by-laws and confirmed by a statement of the Chancellor in 1973, cited
in the report, recognizing that when: “the campus President accepts provisions of local Bylaws
concerning consultation, the Trustees, through Article X, and the Chancellor respect this endorsement
and these provisions become, thereby, part of local policy and must provide a reliable framework
for campus governance. In this regard, a campus President is expected to adhere to policies which he has
accepted for his administration.” (rpt. p. 4) Presumably President Philip has accepted our by-laws implicitly
when he agreed to serve as Chair of the Faculty.
Moreover, SUNY Central states that in signing and submitting a program deactivation request, the President
“affirms that the proposal has met all applicable campus administrative and shared governance procedures for
consultation” (SUNY Deactivation Request Form, p. 1).
The report cites two sections of the By-laws that were not followed, Sections 2.2.2 and 2.4.1, which address
circumstances requiring as well as procedures for implementing formal consultation.
Resolution 1 pertains to section 2.2.2, which explicitly requires discussion of proposals regarding major reorganization of academic units and programs “at the earliest possible stages in their formulation” and “prior to
adoption.” (p.3)
Resolution 2 pertains to section 2.4.1, on Formal Consultation, which states that:
Except where precluded by contractual or other legal restrictions, minimally, formal
consultation with the faculty on these proposals shall entail consultation between
administration and University governance bodies. Formal consultation shall require
communication, preferably in writing, specifying the area or issue for which
recommendations are being solicited and accompanied by sufficient information as
necessary for an informed recommendation. Formal consultation should occur as
soon as issues needing resolution are identified. The faculty shall be given adequate
time to respond. A written response to final Faculty recommendations shall be
provided, indicating what decisions were made and the basis for such decisions; this
should be particularly detailed in instances where faculty recommendations are not
followed.” (rpt. pp. 3--‐4)
The Task Force makes clear that while other consultatory bodies may be engaged (like the various
incarnations of BAG), “they do not represent the Faculty as a whole and advice from such groups does not
replace approval by or formal consultation with the Faculty” (4-5). Had the President informed Senate that
program deactivations were being considered in, say, Spring 2010, and provided relevant and detailed
information surrounding the problem suggesting such a course of action, Senate could have conducted
inquiries and discussions leading to a viable response, whether in acceptance of that radical plan or
offering alternative possibilities, to which the President would have had to respond in turn. In short, a
dialogue surrounding the issue would have been opened up between the Chair of the Faculty, faculty
governance, and presumably the faculty they both ultimately represent.
Once the deactivations were announced, the Senate did take up the issue, using the mechanisms available to
them to address the situation. After due consideration, the Governance Council and UPPC both expressed
regret at how the deactivations were handled. UPPC requested more detailed information in order to make
an informed assessment of the situation. Then Senate Chair Lifshin noted in his official report summarizing
the conclusions of various Senate bodies that the deactivations would “seriously jeopardize our ability to
maintain our core education mission.” The Senate received no detailed written response from the President, as
called for in section 2.4. 1 of the by-laws. The outcome may have been different had the Senate been
informed in a timely manner and the concerns expressed elicited a detailed response in respect of its various
statements after the announcement was made.
Though the Task Force refrained from making any definitive statement on the matter of procedural impropriety
because they were able to come to consensus, the report reveals that mistakes have been made; procedure was
not properly followed; and ultimately the program deactivations were not adequately vetted through faculty
governance as required. Since academic programs affect not just the bottom line, administrative structures,
and personnel decisions, but the overall academic promise of the institution, its ability to adhere to and
fulfill its stated and implied missions, the reputation and standing of the institution, and, not least, its
intellectual landscape, any program deactivation or alteration must undergo the same rigorous process
through faculty and faculty governance as well as administrative bodies that program activations must
undergo. Even if we can say that these decisions were made with all good intentions and under extreme duress,
and even if the Task Force in the end could not agree that they should be called violations, it is clear that
there were lapses in procedure. If the Senate body agrees, then we must not let it go unremarked. With that,
I propose these two resolutions and put them to the Senate for deliberation.”
Chair Lyons clarified that the resolutions had not been brought to the Senate floor previously since there was
no quorum at the meeting of May 31, 2012. She asked for a motion to open the floor for discussion. A
motion was made and seconded and the following discussion ensued.
Senator Fogarty spoke and read the following section from the task force report’s conclusion:
About whether the President’s response to all stakeholders on March 24, 2011,
constituted a “detailed response” to the Senate, reasonable people may continue to
disagree. In fact, to date, the President has not sent a formal response specifically to the
Senate about the deactivations as required in the bylaws, but has instead relied on his
March 24 statement to the university community at large. On the other hand, at the time
the Senate should have furnished a more detailed response on the impacts of closing each
of these programs for the President to address.
After careful review of all pertinent documents pertaining to this matter, and thoughtful
and comprehensive discussion, the task force did not come to consensus on whether the
President’s actions rose to the level of a violation of the bylaws; nor did we feel that the
term “violation” provided a useful framework for discussion.
Senator Fogarty continued and said the resolutions before us ask the Senate to override the recommendations
of the task force. Resolution 1112-03R charged the task force with finding violations but does not ask if they
occurred and the task force did not find any.
Senator Nowell spoke and said that Senator Wills introduced Resolution 1112-03R to protest the deactivations
of the language programs as well as those in Theatre and Classics. There were other forms of protest and said
to avoid the same circumstances from happening in the future, the Senate should vote in favor of the two
resolutions presented today. He asked those present to consider what procedures should be in place for the
future when a financial crisis arises.
Senator Stefl-Mabry, a member of the task force, said the members were looking for violations and clear
instances of something amiss procedurally. Task force members spent weeks going through many documents
looking for something but could not find anything. She said the language in the report was intentional since
they were unable to say that violations occurred.
Senator Fessler referred to the language in Resolution 1, which says the president violated the Bylaws by
failing to consult with the Senate prior to the announcement of October 1, 2010. She added that the intention
of the announcement in October 2010 was to commence consultation but not to deactivate. She said the
announcement of March 24, 2011 characterized his intention to deactivate.
Senator Raffalovich said some parts of the resolutions were useful in reminding the Senate what the proper
procedures should be. Since there was a lot of unhappiness with the procedures, he suggested that resolutions
be rewritten to emphasize the importance of those details. Senator Fessler asked if that was a formal motion.
He said it was only a suggestion. Senator Lanford followed up by making a motion to refer the resolutions to
the proper council. Chair Lyons pointed out that the motion would supersede the resolution. If the motion to
send to a committee fails, the discussion of the current resolutions would continue. Senator Fogarty voiced
concern that such actions would prolong the discussion and continue until certain people obtained the results
they were looking for. The task force did not come back with the desired results and saw no end in sight for
introducing such resolutions. GOV Chair Wagner asked which committee it would go to and what would be
the charge. Senator Lanford said he doesn’t think the procedures work well and would like to see a more
constructive process but withdrew his motion. The discussion on the resolutions continued.
GOV Chair Wagner voiced opposition to the resolutions and said the task force should be held for its findings.
She reiterated the points expressed by Senator Fogarty and felt the resolutions were an attempt to undo those
findings. Senator Caban said the Senate should not debate recommendations coming from a committee;
instead the body should reach its own conclusions, debate them and vote on them. CAS Dean Wulfert stated
that some people have concerns about the report’s conclusion that no violations were found but that the
committee could also not say with 100% certainty that no violations had occurred. She pointed out that,
scientifically, one cannot prove the null-hypothesis: one positive finding could prove the existence of a
violation, but a thousand negative findings could not prove that no violation occurred. Senator Leonard
pointed out that the task force included members of the affected areas and was not just a committee of people
who were not impacted by the effects of the deactivations.
Senator Griffith said the uneasiness in the task force findings and the hope for doing things differently in the
future seemed like a platitude. However, the resolutions do not seem to offer anything in terms of an
amendment to guide the improvement of procedures in the future to mitigate those things we are
uncomfortable with. Senator Gaffney added that people seem to be uncomfortable with the fact that
something is needed going forward but the resolutions are not forward looking about what should happen in
the future.
There were no further comments and Chair Lyons asked if there was a motion to close the debate. A motion
was made and seconded and approved with the following voting results: Approved: 49; Opposed: 2;
Abstained: 1
The resolutions were then voted on separately, and both were defeated with the following voting results:
Resolution 1213-01R: Approved: 12; Opposed 36; Abstained: 5
Resolution 1213-02R: Approved: 15; Opposed:32; Abstained: 6
ADJOURNMENT
The meeting adjourned at 4:16 pm.
Respectfully Submitted by
Gail Cameron, Recorder