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Subject:

 Ethics: sign the HB2695 Discharge Petition

Abuse of authority in the Senate!

Gross Mismanagement in the Senate!

Do what is right---sign the Discharge Petition for HB2695

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Please sign the Discharge Petition for HB2695 (the whistle-blower bill).

After HB2695 passed the Senate Government Committee 3Y, 2N, 1 Absent on April 22, it was improperly reassigned for another vote in the same Senate Government Committee on April 25.

This was

(1) in violation of Senate Rule 13 on Reconsideration

(2) an abuse of authority

(3) an act of mismanagement

Blow the whistle on this wrong-doing.

Please correct this situation by signing a Discharge Petition for HB2695

** After HB2695 passed Senate Government Committee by 3Y, 2N and 1 Absent on April 22, it was never subjected to a move to reconsider, and there was no vote on whether to reconsider. Therefore, by Senate Rule 13 on Reconsideration, it was improper, unethical, and an abuse of authority to reconsider HB2695 on April 25. Please sign the Discharge Petition for HB2695.

** There has never been a previous case where a bill passed a committee, and then was recalled for reconsideration by that committee to change the vote. It is an iron-clad precedent to go with the vote of a committee. Further, Senate Rule 13 requires that a motion to reconsider shall be decided by a majority vote of the members present.

HB2695 passed Senate Government Committee by 3Y, 2N and 1 Absent on April 22. It was never subjected to a move to reconsider, and there was no vote on whether to reconsider. Therefore, it was improper, unethical and an abuse of authority (in addition to violation of iron-clad precedent) to reconsider HB2695 on April 25. Please sign the Discharge Petition for HB2695.

** Here is the pertinent part of the Senate rule: RULE 13 Reconsideration A. When a question subject to reconsideration has been decided by the Senate by a recorded vote, any Senator who voted on the prevailing side may on the same day or the next day of actual session thereafter move a reconsideration. .. A motion to reconsider shall be decided by a majority vote of the members present, and a motion to lay it on the table shall not be in order. If the motion to reconsider passes, the question reconsidered shall be determined at such time as the President directs. HB2695, having passed Senate Government Committee by 3Y, 2N and 1 Absent, it was never subjected to a move to reconsider, and there was no vote on whether to reconsider. Therefore, it was improper to reconsider HB2695. Do not let this abuse of authority go unchallenged. Please sign the Discharge Petition.

** By Senate Rule 13, on Reconsideration, "A motion to reconsider shall be decided by a majority vote of the members present, and a motion to lay it on the table shall not be in order. If the motion to reconsider passes, the question reconsidered shall be determined at such time as the President directs." HB2695 passed Senate Government Committee by 3Y, 2N and 1 Absent on April 22. It was never subjected to a move to reconsider, and there was no vote on whether to reconsider. Therefore, it was improper and gross mismanagement to reconsider HB2695 on April 25. Do not let this abuse of authority go unchallenged. Please sign the Discharge Petition.

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** The essence of Senate procedure is the well-regulated due process by which the Senate body arrives at a vote. Violation of procedure means that we are supporting a back-room deal. Please sign the Discharge Petition for HB2695 so that we may get back to proper consideration for this bill.

** When first introduced several years ago, AFSCME supported the whistle-blower bill. Then, when the bill drew opposition from DOA they retracted their support. David Mendoza, AFSCME lobbyist at the time, informed us that AFSCME could be in jeopardy of losing employee dues check off, a voluntary arrangement with DOA, if they lobbied for the bill. If AFSCME lost dues check off, the Administrators of AFSCME would lose money. HB2695 would protect their members, the State, County and Municipal public employees, but AFSCME appears to have sold that protection for continued protected income to the leadership. Although Senators need to support their constituents, and campaign contributor's interests, should our Senate due process itself be under the control of campaign contributions, as well? If you believe Senate rules should not be for sale, please sign the Discharge Petition for HB2695, so that we can get back to proper consideration for this bill.

** Should due process only be observed when it is convenient, or when campaign contributors do not object? If you believe in due process, please sign the Discharge Petition for HB2695, so that we can get back on track.

** A Discharge Petition is the only formal mechanism available to bring the Senate back into consistency with the proper consideration of HB2695. Otherwise, we are only allowing the Senate to operate by due process if the bill before the Senate is not really important. Please sign the Discahrge Petition for HB2695.

** The purpose of HB2695 is to reduce waste, fraud and abuse of authority in pubic agencies in Arizona. By-passing the Senate rules, by re-voting on HB2695 without a vote to allow reconsideration, is a blatant example of abuse of authority. Now, perhaps, you can see why HB2695 is really needed. It is so easy to wink at this abuse of authority, and let it pass by. But allowing this improper procedure to pass, unchallenged, undermines the integrity of the work of the Senate. Please sign the Discharge Petition for HB2695, to allow proper consideration of HB2695, and thereby allow votes and procedures in the Senate to have real meaning.

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Thank you for your help in passing Whistle-blower protection!