Commissioners Redenbaugh and Thernstrom voted against approving the report and submitted a dissent. However, public acknowledgments and the contents show that the dissent was prepared in a manner that violates the Commission’s statute. Specifically,
“(c) Voluntary or Uncompensated Personnel—The Commission shall not accept or use the services of voluntary or uncompensated persons. This limitation shall apply with respect to services of members of the Commission as it does with respect to services by other persons.” 42 U.S.C. § 1975.
The Commission provided the dissenting Commissioners with an opportunity to work with the General Counsel to address the illegality so that a dissenting statement could be included, but the Commissioners did not avail themselves of the opportunity. Although the Commission could not publish the dissenting opinion, the appendix to this report includes the complete dissenting statement of Commissioners Redenbaugh and Thernstrom submitted to the U.S. Senate Committee on Rules and Administration to ensure that their views are heard. A full explanation of the Commission’s decision on this matter, with supporting documents, and the bases for the decision are provided in the appendix.