Documents > Archives > 2005 Senate Rules of Order (April 15, 2005) > Chapter 16


CHAPTER 16. EXECUTIVE BUSINESS: CONFIRMATION PROCEEDINGS

 

Rule 16.1.  Committee referral of appointments submitted for confirmation

A. All appointments sent to the Senate for confirmation shall be referred to the Senate and Governmental Affairs Committee. Neither the Senate nor the Senate and Governmental Affairs Committee shall consider for confirmation any appointment unless the following information concerning the appointee has been submitted:

(1) Full name.

(2) Home address.

(3) Home and business telephone number.

(4) Social security number.

(5) Driver's license number, or a sworn statement from the appointee that he holds no driver's license.

(6) The name of the person or persons who recommended the nominee to the governor or appointing authority for appointment to the position.

(7) A copy of the nominee's financial disclosure or contract disclosure statement, if the nominee is required to submit a financial disclosure statement pursuant to R.S. 42:1114, 1124, 1124.2, 1124.2.1 or 1124.3, or a contract disclosure statement pursuant to R.S. 42:1113(D)(4).

B. The committee shall report thereon to the Senate in one of the following ways:

(1) Recommends that the appointment be confirmed.

(2) Recommends that the appointment not be confirmed.

(3) Without action.

SR 4 of 1994 3rd EX; SR 156 of Acts 2011.

Rule 16.2.  Open hearings, sessions, and votes; when closed session may be held

A. All hearings, sessions, or meetings held for the purpose of considering confirmation of or confirming any governmental appointment for which Senate confirmation or approval is required shall be open to the public. However, the Senate and the Senate and Governmental Affairs Committee may hold closed sessions for consideration of matters related to confidential communications and confirmation of appointments, but all votes taken with respect to confirmations in the Senate or in the Senate and Governmental Affairs Committee shall be taken in open session.

B. This rule shall apply to all sessions, meetings, or hearings of the Senate or of the Senate and Governmental Affairs Committee.

Rule 16.3.  Appointees and officers; appearances before standing committees

A. Upon receipt of appointments for Senate confirmation, the chairman of the Senate and Governmental Affairs Committee shall cause a listing to be compiled of all of the appointments received, by office. On the fifteenth calendar day of the session the chairman shall distribute a copy of the compiled listing to each senator and thereafter the listing shall be updated and distributed to the members prior to the vote to confirm the appointments.

B. The Senate and Governmental Affairs Committee, by motion of the chairman or any member of the committee and with approval of at least a majority of the members of the committee, may direct any appointee whose appointment has been submitted for confirmation to appear before the committee. At such appearance, the committee may examine into the qualifications of the appointee and the method by which the appointee intends to administer the affairs of the office for which he has been appointed.

C. The standing committee having jurisdiction of the work to be administered by a person whose appointment has been submitted for confirmation, by motion of the chairman or any member of the committee and with approval of a least a majority of the members of the committee, may direct that the appointee appear before the committee. At such appearance, the committee may examine into the qualifications of the appointee and the method by which the appointee intends to administer the affairs of the office for which he has been appointed.

D. Any information, finding, recommendations of the committee resulting from the appearance before it of the appointee shall be transmitted to the chairman of the Senate and Governmental Affairs Committee, who shall inform the committee thereof. The Senate and Governmental Affairs Committee may consider such information in arriving at its report to the Senate with respect to said appointment.

E. The standing committee having jurisdiction over the subject matter of the department or agency administered by an officer confirmed by the Senate may at any time during his tenure bring the officer before it for the purpose of reporting to the committee on matters pertaining to the programs, operations, and administration of the department or agency.

SR 144 of 2004 RS; SR 156 of 2011 RS.

Rule 16.4.  Clearing of the Senate

When acting upon confidential or executive business, the Senate Chamber shall be cleared of all persons except the Secretary and his clerks, the Sergeant at Arms, and such other officers as the presiding officer shall think necessary, and all such officers shall be sworn to secrecy.

Rule 16.5.  Questions; when put

In the Senate the question on every appointment shall be: "Will the Senate confirm this appointment?" The question shall not be put on the same day on which the name of the appointee is received or on the day on which it is reported by the committee, unless permitted by a majority of the members of the Senate.

Rule 16.6.  Secrecy of confidential communications

The members of the Senate shall keep all confidential communications made by the governor to the Senate inviolably secret until the Senate removes the injunction of secrecy by resolution. For the purpose of this rule, confidential communications shall not include appointments submitted to the Senate for confirmation.

Rule 16.7.  Penalties for violating confidence of Senate

Any senator, officer, or clerk of the Senate who discloses the secret of confidential business or proceedings of the Senate shall be liable, if a senator, to expulsion from the body, and if an officer or clerk, to dismissal from the service of the Senate and to punishment for contempt.

Rule 16.8.  Notification to governor or other official

A. The governor and each other appropriate official shall be notified of each appointment confirmed by the Senate no later than the day after the confirmation.

B. Immediately after final adjournment of each session, the Secretary shall furnish to the governor or other official a list of any appointments submitted by any of them which were rejected or not confirmed.

 

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