Wednesday, November 01, 2006

Quick comment on Executive Bylaws

In an attempt to find the original (i.e. unmarked) 2005 bylaws for the Senate Finance Committee, I found the Executive Bylaws for both 2005 and 2006. The 2005 listing is the list that was in effect when the Senate Bylaws were passed, so we can interpret the intent of the passage that has drawn such attention, namely Article VII, Section 1, subsection f: "Senators may not concurrently serve as a member of the Presidential Cabinet or as a Student Court Justice."

From the Executive Bylaws of 2005, Article IV:
Section 1 -- Composition
a. The President shall have the power to create and decide the composition of a Presidential Cabinet.
b. The Presidential Cabinet must include the following positions:
1. President
2. Vice President
3. Secretary
4. Treasurer
5. Chief of Staff
6. Communications Director
7. Academic Affairs Director
8. Shared Governance Director
9. LGBTQ Issues Director
10. Women's Issues Director
11. Legislative Affairs Director
12. Multicultural Affairs Director

c. Further Director Positions created by the President shall be members of the Presidential Cabinet.
d. The President shall designate weather [sic] other officers hired are considered Executive Staff or Cabinet positions.
e. The President may invite other officers to join the Cabinet as he/she sees fit.
f. Cabinet positions shall be considered Executive Staff positions and subject to these By-Laws.
g. Any deputy, advisor, counsel, intern, or similarly titled non-director position is not considered a cabinet position.
h. Any cabinet officer may not concurrently serve as a senator, or court justice.


This definition scheme was in place when the Senate Bylaws were made, and thus determines the intent of what Senate Bylaws VII.1.f was talking about. First, let's look at the people who were, by the 2005 definition, the minimum cabinet:
President Samantha Prahl: No senate position
Vice President Jon Tingley: No senate postion
Secretary Casey Glader: Senator -- Peck School of the Arts
Treasurer Emily Grotz: Senator -- School of Business
Chief of Staff Alicia Bagley: Senator -- Helen Bader School of Social Welfare
Communications Director Renee Hayssen: No senate position
Academic Affairs Director Alex Jacobs: No senate position
Shared Governance Director --VACANT
LGBTQ Issues Director Lauren Otte: No senate position
Women's Issues Director Cassy Magar: Senator -- School of Education
Legislative Affairs Director Kyle Durestein: No senate position
Multicultural Affairs Director Chris Wiley: Senator -- Peck School of the Arts

Now add to this the provision of 2005 Executive Bylaws IV.1.c: "Further Director Positions created by the President shall be members of the Presidential Cabinet."
School Spirit & Campus Activities Director Sarah Lesky: Senator -- Letters & Science
Diversity Director Sergio Piceno: No senate position

We can go no farther in terms of the exact wording of the bylaws, because the rest are added at the discretion of the President. But even with this more restrictive wording, there are still six positions that are double-booked in violation of the intent of the Senate Bylaws, with more people who are wearing two hats when you add office managers, assistant directors and the like.

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