Title: POLICY STATEMENT--Policy Statement Concerning Rules for Transaction of Business of the Farm Credit Administration Board [BM-14-JAN-93-03]
Issue Date: 02/01/1993
Federal Register Cite: 58 FR 6633
FARM CREDIT ADMINISTRATION
Policy Statement Concerning Rules for Transaction of Business of the Farm Credit Administration Board
ACTION: Policy statement.
SUMMARY: On January 14, 1993, the Farm Credit Administration Board (Board) adopted Rules for Transaction of Business of the Farm Credit Administration Board. The revised rules update existing rules, eliminating redundancy with existing statutes and make the rules consistent with current regulations, and, in addition, adopt Robert's Rules of Order (Newly Revised) (9th Edition) as the applicable manual of parliamentary procedure.
EFFECTIVE DATE: January 14, 1993.
Adopted this 14th day of January, 1993.
FOR FURTHER INFORMATION CONTACT: Curtis M. Anderson, Secretary to the Farm Credit Administration Board, Farm Credit Administration, McLean, Virginia 22102-5090, (703) 883-4003, TDD (703) 883-4444.
SUPPLEMENTARY INFORMATION: The text of the Board's policy statement concerning [*6634] the rules for transaction of business is set forth below in its entirety:
Effective Date: January 14, 1993.
Effect on Previous Action: Revoke BM-05-JUN-86-01, BM-05-AUG-86-02, and BM-05-JUN-86-07.
Source of Authority: 12 U.S.C. 2242(c).
Rules for the Transaction of Business of the Farm Credit Administration Board
Purpose of Rules
These Rules for the Transaction of Business ("Rules") of the Farm Credit Administration ("FCA)" Board ("Board") are adopted by the Board to supplement the statutes and regulations which govern the procedures and practice of the Board (see the Farm Credit Act of 1971, as amended, and 12 CFR 600 et seq.), and shall constitute the official rules of the Board for purposes of section 5.8(c) of the Farm Credit Act of 1971, as amended.
Section 1. Secretary to the Board. The Chairman of the Board ("Chairman") shall appoint a Secretary to the Board ("Secretary") who shall be an employee of the FCA. The Secretary shall keep permanent and complete records and minutes of the acts and proceedings of the Board. The Secretary shall be the parliamentarian for the Board.
Section 2. General Counsel. The General Counsel of the FCA shall serve as the chief legal officer of the Board.
Section 3. Individual Assignments. To the extent consistent with law, the Board or the Chairman may offer individual Members of the Board ("Member(s)") special assignments and define the duties incident thereto, and the Chairman may delegate to individual Members certain duties and responsibilities of the Chairman.
Section 4. Two Vacancies/Authority to Act. In the event two (2) Members are not available by reason of resignation, temporary or permanent incapacitation, or death, to perform the duties of their offices, the Board hereby delegates to the remaining Member the authority to exercise, in his/her discretion, any and all authorities of the FCA granted to the Agency or the Board by statute, regulation or otherwise, except those authorities which are nondelegable. This delegation of authority does not include authority to establish general policy and promulgate rules and regulations, or any delegation expressly prohibited by statute. This delegation shall include, but shall not be limited to, the exercise of the following powers:
(a) The approval of any and all actions of the Farm Credit institutions as required by statute, regulations or otherwise to be approved by the FCA or its Board;
(b) The exercise of all powers of enforcement granted to the FCA by statute, including but not limited to, the authorities contained in 12 U.S.C. 2154, 2154a, 2183, 2202a, and 2261-2274; and
(c) Any actions or approvals required in connection with the conduct of a receivership or conservatorship of a Farm Credit institution.
Authorities delegated by this Section may be redelegated, in writing, at the discretion of the remaining Member, to other FCA officers or employees.
Section 1. Affirmative Vote Required. Action on any matter shall require the affirmative vote of at least two (2) Members.
Section 2. Votes To Be Recorded. The vote of each Member, including the Chairman, on a question shall be recorded in the minutes.
Section 3. Notational Voting.
(a) Nothing in these Rules shall preclude the transaction of business by the circulation of written items ("notational votes") to the Members, provided all Members participate, in writing, in the disposition of the item pursuant to article III, section 3(c).
(b) Matters that may be decided by notational vote: The Board may consider any matter that comes before it by use of notational voting procedures; however, it is best used only for routine and noncontroversial items. Any Member may submit an item to the Secretary for distribution as a notational vote.
(c) Notational vote ballots and material: Upon submission of an item for notational vote, the Secretary shall provide each Member a complete package of all relevant information and a notational vote ballot sheet (indicating the Member making the motion, the substance of the motion, and the deadline for return of the vote) upon which each Member can indicate his/her position by voting in the following manner: (1) To approve; (2) to disapprove; (3) to abstain; or (4) not appropriate for notational vote.
(d) Modifications, amendments, and withdrawals: No partial concurrences or amendments are appropriate; however, a Member may suggest a revision to the proponent, subject to compliance with the Government in the Sunshine Act, and the proponent may withdraw his motion at any time prior to receipt by the Secretary of the votes of all Members or the end of the time period provided for on the ballot sheet.
(e) Time limits to vote: Within ten (10) business days of receipt, or earlier if circumstances require, each Member shall act on the matter by returning the ballot sheet. Failure to return a ballot sheet by the date requested on the sheet will result in the vote being recorded as "not voting", which causes the motion to fail pursuant to article III, section 3(a).
(f) Veto of notational voting procedure: In view of the public policy of openness reflected in the Government in the Sunshine Act and the desire to allow any Member to present viewpoints to the other Members, any Member can veto the use of the notational voting procedure for the consideration of any particular matter by voting "not appropriate for notational vote".
(g) Disclosure of results: A summary of any action taken by notational vote shall be provided by the Secretary to the Members, Chief Executive Officer, and Chief Operating Officer, and shall be reflected in the appropriate minutes of the Board. Public disclosure is determined by the provisions of the Freedom of Information Act (5 U.S.C. 552).
(h) Authority to designate staff to initial: If the conduct of agency business so requires, and the Member has been apprised of the contents of any notational vote, a Member who is absent from the office may authorize a staff member to initial the item for him/her, as long as the Member has a designation memorandum on file with the Secretary.
Section 4. Telephone Conference. Any Member may participate in a meeting of the Board through the use of conference call telephone or similar equipment, provided that all persons participating in the meeting can simultaneously speak to and hear each other. Any Member so participating shall be deemed present at the meeting for all purposes.
Section 1. Format. The format of minutes of the Board Meetings, unless otherwise stated in these rules, or relevant statutes or regulations, shall comply with Robert's Rules of Order (Newly Revised) and the Government in the Sunshine Act.
(a) The minutes shall clearly identify the date, time, and place of the meeting, the type of meeting held, the identity of Members present, and where applicable that they participated by telephone, and [*6635] the identity of the Secretary and the General Counsel present, or, in their absence, the names of the persons who substituted for them.
(b) The minutes shall contain a separate paragraph for each subject matter, and shall note all main motions or motions to bring a main motion before the assembly, except any that were withdrawn.
(c) The minutes shall not contain any reference to statements made unless a request is specifically made that a statement be made a part of the record, or if required by the Government in the Sunshine Act.
(d) The minutes of Regular Meetings shall indicate the substance and disposition of any notational votes completed since the last Regular Meeting of the Board.
(e) The vote of each Member on a question shall be recorded or the Secretary will note a unanimous consent.
(f) The minutes of the Board shall be signed by the Chairman and the Secretary, indicating the date of approval by the Board.
Section 2. Circulation.
(a) Draft minutes shall be reviewed by the Chairman and General Counsel.
(b) Minutes shall be circulated to all Members one (1) week prior to their consideration at a Board Meeting.
(c) Copies of the minutes of the Meetings of the Board (Open Session) to be voted on at a Board Meeting shall be placed in all Board Briefing Books.
(d) Copies of the minutes of the Meetings of the Board (Closed Session) to be voted on at a Board Meeting shall be placed only in the Board Briefing Books of the Members, the Secretary, and the General Counsel.
Section 3. Supporting Documentation.
(a) Board Briefing Books. One copy of all Board Briefing Book material shall be maintained by the Secretary. All other copies of the Board Briefing Book material for Closed Sessions shall be returned to the Secretary for disposal or maintained in a secure location approved by the Secretary.
(b) Executive Summaries. One copy of each Executive Summary provided to any Member shall be provided to and maintained by the Secretary.
Section 1. Presiding Officer. The Chairman shall preside at each meeting. In the event the Chairman is unavailable, the Member from the Chairman's political party shall preside.
Section 2. Order of Business. The agenda for each meeting shall be substantially in the following order:
I. Open Session
A. Approval of Minutes
C. Special Orders
D. Unfinished Business and General Orders
1. Policy Statements
E. New Business
1. Policy Statements
II. Closed Session
B. Special Orders
C. Unfinished Business and General Orders
D. New Business
Section 3. Calls and Agenda.
(a) Regular Meeting. The Secretary, at the direction of the Chairman, shall issue a call for items for the agenda to each Member, the Chief Operating Officer, and the Office Directors of FCA. The Secretary shall provide to the Chairman a list of all the items submitted, including a list of outstanding notational votes and matters voted "not appropriate for notational vote"; the Chairman shall then establish the agenda to be published in the Federal Register.
(b) Special Meeting. Special Meetings of the Board may be called:
(1) By the Chairman; or
(2) By any two Members; or
(3) If there is at the time a vacancy on the Board, by any Member.
Any call for a Special Meeting shall set forth the business to be transacted and shall state the place and time of such meeting. Except with the unanimous consent of all Members, no business shall be brought before a Special Meeting that has not been specified in the notice of call of such meeting.
(c) Notice. The Secretary shall give appropriate notice on any and all meetings and make the call for Special Meetings. Reasonable efforts to provide such notice to Members shall be made for all meetings of the Board, but failure of notice shall in no case invalidate a meeting.
Public Appearances and Attendance
Section 1. Attendance. Members of the public may attend all meetings of the Board except those meetings or portions of meetings which are closed as directed by the Board, consistent with the Government in the Sunshine Act. Members of the public may speak or make presentations to the Board under the rules outlined under this article.
Section 2. Presentations to the Board. Members of the public may make a presentation to the Board only on the basis of a written request and statement covering the subject matter received at least five (5) days prior to the meeting, which is approved by a majority of the Board.
Section 3. Limitations. Public presentations may not conflict with the provisions of the Administrative Procedure Act and other Board policies on the handling of public comments. In the event that a presentation is made concerning a regulation during the comment period, the presenter must submit a summary or a text of their comments to be filed along with other comments received.
Section 1. Regulations. The promulgation of regulations adopted by the Board shall be in compliance with the requirements of the Farm Credit Act of 1971, as amended, and the Administrative Procedure Act.
Section 2. Board Materials. Complete Board Briefing Books shall be distributed to each Member at least two (2) full business days prior to any regular meeting. Unless agreed to by all Members, no vote may be taken on an issue unless the necessary material has been provided to the Members not less than twenty-four (24) hours prior to the Board Meeting to consider such issue.
Section 3. Parliamentary Rules. Unless otherwise stated in these Rules, or relevant statutes or regulations, the meetings of this Board shall be conducted in accordance with Robert's Rules of Order (Newly Revised) (9th Edition).
Section 1. The business of the Board shall be transacted in accordance with these Rules as the same may be amended from time to time: Provided, however, that upon agreement of at least two (2) Members convened in a duly called meeting, the Rules may be waived in any particular instance, except that action may be taken on items at a Special Meeting only in accordance with article V, section 3(b), hereof.
Section 2. These Rules may be changed or amended by the concurring vote of at least two (2) Members upon notice of the proposed change or amendment's having been given at least thirty (30) days before such vote.
By Order of the Board. [*6636]
Dated: January 26, 1993.
Curtis M. Anderson,
Secretary, Farm Credit Administration Board.
[FR Doc. 93-2234 Filed 1-29-93; 8:45 am]
BILLING CODE 6705-01-P