Senate runs late into night to complete funding requests

In a meeting that lasted nearly six hours, the SA Senate approved funding for all of the entities that were recommended for funding by the Senate Finance Committee, plus added funding back into the budget for four entities that were declared ineligible by SFC: Women's Resource Center (WRC); Lesbian, Gay, Bisexual and Transgender Center (LGBT), Peer Outreach and Mentoring (i.e. the LINKS center) and the Center for Volunteerism and Student Leadership (CVSL). However, the means by which this was done is a parliamentary nightmare that I, for one, don't feel comfortable about. I will go into the funding votes, from the beginning, and discuss all the decisions made. Those of you who fancy yourself to be experts on parliamentary procedure may wish to inject commentary as to how legal this is, and what the ramifications of the process as done are.

After attending to the necessary business of hearing reports and electing replacement senators to fill vacancies, the next item in Special Orders was the SFC funding requests. Most of the groups who applied were recommended for some level of funding. One group, Campus Activities Board, was approved for a token amount of 5 cents per student (or about $1400 total). This recommendation was made because the SFC did not think they were doing anything useful, but since they are a standing committee of SA, they must be funded at some level. Campus Activities Board is the organization that sponsors the Homecoming events at UWM, and has sponsored several other events in the past.

Six other organizations were declared ineligible for SFC funding: These are the organizations, together with a summary of the reasons they were declared ineligible:

Panther Dance Team -- neither a sub-unit of SA nor a critical service as defined in the SFC Bylaws section VII.D
Union Activities Board (8th Note) -- neither a sub-unit of SA nor a critical resource
Peer Outreach and Mentoring (LINKS) -- not a sub-unit of SA, and provides duplicated service already covered by the Peer Mentoring Center in Bolton Hall
Center for Volunteerism and Student Leadership -- not a sub-unit of SA and provides a duplicate service, since SA also provides opportunities for volunteerism and student leadership
Women's Resource Center -- not a sub-unit of SA, provides a duplicate service since SA has a Women's Issues Coordinator. Also, while it is an on-campus resource center not currently funded by SAC, it does not meet the requirements of Section VII.D8, because it does not serve the needs of all UWM students.
LGBT Resource Center -- not a sub-unit of SA, provides a duplicate service since SA has an LGBTQ Issues Coordinator. Also, while it is an on-campus resource center not currently funded by SAC, it does not meet the requirements of Section VII.D8, because it does not serve the needs of all UWM students.

With the exception of the SA Legislative and Executive allocations, two stipulations were put onto every group for which the SFC recommended funding:

I. SA Logo Stipulation: All official advertising/materials of the organization/deparment must prominently display the official SA Logo. The SA Senate will determine when a violation of this stipulation has occurred. A first time violation within any 12 month period will carry a fine of up to $10000, as determined by the SA Senate. Second and subsequent violations of this stipulation within any 12 month period will carry a fine of $10000.
II. Oversight Stipulation: Not including SFC suggestions, significant alterations to proposed budgets or negative alterations to services provided must be approved in advance by the SA Senate. The SA Senate will determine when a violation of this stipulation has occurred. A first time violation within any 12 monthe period will carry a fine of no more than $50000, as determined by the SA Senate. Second and subsequent violations of this stipulation within any 12 month period will carry a fine of no less than $10000 and no more than $50000, as determined by the SA Senate.

Two other groups received additional stipulations:
UWM Athletics: Funding level unconditionally set at $74.00, and to approve $77.75, contingent based on acquiring an additional $250,000.00 annually from the University, and it can not be from Segregated Fees.

Student Activities Office: Amount of funding would not go toward an assistant director.

When the funding requests came up, a question was put to the floor as to whether the groups that were denied funding could even be brought up by the Senate. From the SFC Bylaws:

XV. Senate Approval

A. The Senate may approve, deny or change a recommendation to fund or deny funding to an applicant.
B. The Senate may not fund an applicant whose request for funding was not considered by SFC regardless of the reason for non-consideration.

The argument (presented primarily by Senator Dan Bahr) was that since the organizations were declared ineligible, they were not considered by SFC for funding, and therefore could not be added back in by the Senate. After submitting the matter to the Student Court justice kept on hand to act as Parliamentarian, the ruling was that the determination of ineligibility was effectively a recommendation by SFC to deny funding, which could be changed by the Senate in accordance with Part A. Part B was put in place to prevent an organization from bypassing the SFC process by waiting to submit until after SFC had finished their recommendations, not to give the SFC absolute power to deny a group without Senate oversight.

With that ruling dealt with, the first motion on the floor was to approve the recommendation as presented by SFC. As this requires a 2/3 vote, it failed. Then a motion was made to split off the decision on the six groups denied funding plus UPARK. That motion passed by a majority vote (it did not approve or deny funding). The next motion was to approve the recommendations by the SFC for all other groups, which passed by the necessary 2/3.

After this, a motion was made put the four student resource centers (LINKS, WRC, LGBT and CVSL) into a package and approve them en masse. Heated debate ensued, but this motion failed by one vote.

The next motion was to approve the LGBT center for eligibility. After more heated debate, this passed 21-7.

The next motion, which would approve WRC, had another strange quirk in it. Senator Antwan Jones was not in the room when the roll was called, but he entered as the vote was being counted. When he asked for the right to vote on the matter, he was denied, being told that the votes had been counted (even though they had not yet been announced). Despite that, the motion failed failed 18-10, another close call. As it turned out, his vote would have made it 19-10, which still would have failed.

At this point, a motion was made to adjust the SAC funding, as now it looked like SAC would need extra funding to cover the lost resource centers. After more rancor, the motion was tabled until afterward to see just how much extra funding would be needed.

At this point, it was getting to be 10:40 p.m., and the ballroom was only reserved until 11:00. (A word of advice to whoever reserves rooms for SA: If you are going to reserve the room until 11:00, go all the way and reserve it until midnight, as no one will reserve a room for that hour anyway. True, no one's going to kick you out of that room in the meantime, but at least you don't have the mad panic at 10:40 wondering what to do.) So a motion was made to recess the meeting until another time to be determined by Speaker Voigtlander, so that they didn't automatically reject all unconsidered organizations. Since no one was sure if they could make the meeting time and they couldn't agree on one on the spot, the vote to recess failed 14-16. Thus the meeting continued.

Debate times were constantly being shortened to get things done. So here are the remaining votes in rapid succession:
Package WRC and LINKS and approve them for eligibility: Passed 21-10
Deny eligibility to UAB & Panther Dance: Passed 21-9
Approve UPARK at $9.00, up from the $8.50 recommendation: Passed 25-4
Approve Eligibility for CVSL: Passed 24-5
Approve the four newly eligible organizations at 2006-2007 levels: Delayed to consider amendment
Amendment to stipulate that the funds only be used for student employees: Failed 4-26
Approval of 2006-2007 funding levels: Passed 21-6

Also, in a (literal) last minute action the Concurrent Services Act was passed. This defines the Presidential Cabinet in the Student Senate Bylaws as the President, Vice President, Chief of Staff, Treasurer, Academic Affairs Director, Legislative Affairs Director, and Shared Governance Director.

A complete list of funded groups, their per student funding levels, and an approximate total funding level, will appear later.

No Quorum, what now?

In the fine tradition of the Student Association Senate, the meeting scheduled for December 3 could not be held due to lack of quorum. Normally, this doesn't happen until near the end of the school year, when one controversy or another keeps a large block of senators away, but this time it's happening in December.

Here is the agenda listed for that meeting; what could have kept them away this time? Could it have been the proposal that would finally resolve the separation of powers? The Concurrent Service Act would amend the Senate Bylaws, Article VII, Section 1(f) to read: "Senators may not concurrently serve as a member of the Presidential Cabinet or as a Student Court Justice. The Presidential Cabinet shall be defined to include the following positions: President, Vice President, Chief of Staff, Treasurer, Academic Affairs Director, Shared Governance Director, and Legislative Affairs Director. The Vice President will retain his right to cast the tie-breaking vote in the senate as defined in Article V Section 6(a) of the SA Constitution." This would keep some people out of concurrent service, but there are some notable exceptions, such as the Secretary and the other Directors not specifically named above. But there is another problem that the legislation as written does not address. What happens if a shady SA President decides to have the same types of offices but call them different names?

Maybe the item that kept senators away was the Nursing Mothers Protection Act. This would guarantee the rights of women who choose to breastfeed their children to do so anywhere where the woman and her child are otherwise allowed to be. This came about as a result of the previous senate meeting, where a provision to ask the Union Policy Board to change one of their policies was justified by "inappropriate breastfeeding" in a Union office, among other things.

Could it have been the Students Vote Act of 2006? That would have directed the Vice President or designee to work with the City of Milwaukee Election Commission to adopting a campus polling place in the next election cycle to be staffed primarily by student volunteers and to investigate the lack of ballots during the last election. That doesn't seem too controversial, so I wouldn't expect that to be the problem.

Also on the agenda, we had the Election Commission Formation Act of 2006. This would require the formation of an Independent Election Commission by the start of spring 2006, "appointed by a special election committee, consisting of two persons from each party or independent candidate in the last election and/or representing student organizations on campus", not to include current or former members of SA government or any former IEC member. It would also change the name to Independent Student Association Process Committee and require that the Dean of Students or another administrative representative be present for all vote counting. Given the general reluctance to appoint an Independent Elections Commissioner, that may be what kept people away, but we'll see.

Then there is the last issue on the listed agenda (i.e. the one sent out by e-mail), the Student Association Senator Award Act. This would change one rule in the Senate Bylaws [Article IV, Section 1(d)] and remove 4 demerit points for being "present and not late or leaving early at a Senate meeting" instead of the -1 listed. Note that this rule is in the Senate Bylaws, so it would need to be passed as a Bylaws change and thus take a 2/3 vote.

Even so, this would cheapen the system as it stands. First, you need 12 demerit points (or miss three consecutive Senate meetings) to be removed from office. Second, if you inform people ahead of time of your absence, you only accumulate two per meeting, not four. Third, you only get to remove demerits if you have accumulated them in the first place. So this measure, if passed, would allow a person to miss two meetings with notification, then attend one all the way through and have the exact same demerit record as someone with perfect attendance. This is ludicrous.

Apparently the meeting will be rescheduled for December 10, same Bat-Time, same Bat-Channel. Let's just hope it isn't the same Bat-Result.

The Original Separation of Powers

Through my sources, I have obtained a copy of the original documents relating to the separation of powers. Note that Russ Rueden was arguing for the separation of powers at this time.

I did not get these from Ray Duncan himself, but rather from one of the people he chose to distribute this to initially.

These are copies of files that are on the hard drive, but do not exist in a
"document" form. It was very hard to get.

Please widely distribute.

Sincerely,
Raymond Duncan

UNIVERSITY STUDENT COURT
University of Wisconsin – Milwaukee



TEMPORARY RESTRAINING ORDER AND INJUNCTION


Acting under the authority granted in Section 4.3 of the University Student Court Bylaws, I hereby grant Speaker of the Senate, Clayton E. Clouse's request for a Temporary Restraining Order and Injunction.

This Order restrains all individuals in violation of the Court Order in Michals v. Clouse from functioning within the Student Association government. Individuals in violation must choose to serve on a single Branch of SA and to vacate their remaining office(s).

Individuals in violation of the Order in Michals v. Clouse that fail to choose by 4:30 PM on Sunday, September 12, 2004 to serve on a single Branch of SA are in violation of the Court Order thus illegally occupying their offices. At 4:30 PM on Sunday, September 12, 2004, members that have not complied with the Court Order in Michals v. Clouse will have all of their positions vacated, their titles in SA stripped of them, access to their office denied, and their pay suspended. In short, individuals that fail to comply will have all of their positions in SA vacated and all of their rights and privileges of those positions denied.



There will be a hearing on Monday, September 13, 2004 at 4:00 PM before a 2/3 majority of the Court to discuss the Continuance and/or Validity of this Order. The location of the meeting will be posted outside of Union Room 392 at least four hours before the hearing time.

On this 12th Day of September 2004,

It Is So Ordered.

________________________________________
Russell E. Rueden
Chief Justice


University Student Court
University of Wisconsin - Milwaukee

Senator Neal A. Michals, Student Association Senator and Shared Governance
Director,

v.

Speaker Clayton Clouse, Speaker of the Student Association Senate


Released Thursday, September 2, 2004.

Heard Before: Justices Rueden, Zahn-Craig, and Frank.



Introduction - Student's Self Governance

The Court acts as the guardian of the Constitution and the protector of all things just within the Student Body. The bylaws passed by the Student Association (SA) Senate and signed by our SA President grant us final authority in interpreting the governing documents that direct our student government. As the final student interpretive authority, it is important that we recognize the right of self governance. All matters heard before the Court have been dealt with exclusively by students, as demanded by Wisconsin State Statute 36.09(5), "The students of each institution or campus shall have the right to organize themselves in a manner they determine and to select their representatives to participate in institutional governance."

State law allows the students to form a government of their choosing. The students chose to create the Court and give us final interpretive authority: Section 3.2 of the Court bylaws: "The USC shall be the final source in all matters concerning the
interpretation of the Student Association's Constitution and its legislation."

The Court's decisions are therefore final in matters involving student governance. To stray from this destroys shared governance and ignores the will of the students that we are all here to represent.

Case Before the Court

This case began as the result of an election held during the Senate meeting on Sunday, June 6, 2004. The election was for the two Senate seats on Union Policy Board, a board that formulates policies for the UWM Union. Three individuals ran for two spots. Senator Robert Schuettpelz won with 12 votes. Senator Neal Michals and Senator Christopher Vega tied with 10 votes each. The (SA) Secretary, Ms. Scottie Allen, was not allowed to vote in this election as she was deemed an ex-officio member of the Senate by Speaker Clayton Clouse. The issue before the Court is whether or not Ms. Allen should have been allowed to vote, as she holds both the SA Secretary position and the position of Senator.

Issues in this Case

This case asks us to look at four particular areas of conflict.

The first area of conflict is whether or not an ex-officio member is allowed to vote. The current governing documents are silent as to whether they can or cannot vote. Therefore, in the absence of any guidelines, the governing documents tell us to look to Robert's Rules for clarification (Article II, Subsection A of the SA Senate Bylaws). It is clear in Robert's Rules that ex-officio members are allowed to vote (Article IX, Section 51 of Robert's Rules).

The second area of conflict is the question of holding dual roles within the Student Association. It is clear within the governing documents that the Student Association and the students at-large are looking to maintain a three branch government with a complete system of checks and balances. This is evident in the President's veto power (Article V, Section 5, Subsection C of the SA Constitution), the Senate's abilities to formulate legislation and over-ride a veto (Article IV, Section 8, Subsections D and F of the SA Constitution), the President's ability to appoint Court Justices with 2/3 consent of the Senate (Article V, Section 5, Subsection B of the SA Constitution), and so on.

The Student Association's attempts at forming "a more perfect student government (SA Constitution Preamble)," are being bastardized by the current administration in that many of the Directors are concurrently serving as Senators. This inevitably causes a great deal of conflict. The potential level of corruption in a government of this nature is immense. The student body entrusts that a three branch government will aggressively and proactively check each of the other branches. This is simply not possible within the current Student Association. The Chief of Staff, who also serves as a Senator, is charged with oversight of the Directors, many of whom are also Senators. It would be very difficult for a Senator to voice the wants of their constiuents when their supervisor is sitting next to them voting another way. The current state of the Student Association, in regards to the integration of the Executive and Legislative Branches, is completely unacceptable. The students elect a President to be their voice and to "promote our general welfare (SA Constitution Preamble)." To stand idly by and allow no true check to exist is deeply upsetting and will not be tolerated by this Court.

The third conflict that exists is the level of privacy between the three branches. It is very difficult for the Senate to conduct investigations of the Executive Branch when they share the same office space. This once again brings about the potential for corruption and destroys the ideal government that the students expect. The Vice-President is in a unique position in that he is both a member of the Executive Branch as well as the Legislative. It is therefore difficult for that office to be shared as he can participate in the activities of both branches.

The final conflict was the issue of how the tie was to be broken between Senators Vega and Michals in aformentioned election. Senator Michals argued that there should have been a run-off election. Speaker Clouse argued that Vice-President Rodriguez has all tie breaking authority. In reviewing Article IV, Section 6, Subsection A of the SA Constitution, it is clear that the Vice-President does have all tie breaking authority.

Orders

The Court is appalled at the current level of integration amongst the branches of government. We therefore Order that any member of the Senate that currently holds any office within the Executive Branch choose which of those two offices they would like to occupy and to vacate the remaining office. This must be done within seven calendar days of the release of this opinion. The Vice-President is an exception to this rule, as he is Constitutionally mandated to be a member of the Senate and technically does not hold dual roles. The Court Parliamentarian is also exempt as this is a Constituionally mandated service of the Court.

We further order that ex-officio members are currently allowed to vote. This however, would not change the outcome, as Ms. Scottie Allen was acting as the Secretary during the meeting and is not allowed to hold dual roles. As such, she should not have been voting at the meeting as a Senator.

We let stand the decision of Speaker Clouse to recognize Ms. Allen solely as the SA Secretary.

We further order that the Union Policy Board immediately address the office allocation and see to it that the Legislative Branch has their own locking office.

We finally order that tie-breaking authority in the Senate falls solely upon the Vice-President in all cases, as directed by the SA Constitution. Therefore, the
decision of Speaker Clouse to allow the Vice-President to break the tie stands.

It is so Ordered.

____________________________________________
Russ Rueden
Chief Justice


____________________________________________
Jessicka Zahn-Craig
Assistant Chief Justice


_____________________________________________
Ryan Frank
Clerk of Court

This is the temporary restraining order followed by the actual court case filed to deal with separation of powers.

Student Association
University of Wisconsin - Milwaukee

Office of the President
President Brett P. Belden

Response to University Student Court Mandates in the Opinion of Michals v Clouse

On Thursday, September 2 at approximately 5:20 PM Chief Justice of the University Student Court Rueden issued an email release of the opinion of Justices Rueden, Frank and Zahn-Craig which stated that I, as President of the Student Association, am responsible for enforcing the Court's opinion in the matter of Michals v Clouse. For this reason, I am issuing the following public response to the University Student Court's orders.

Background

First, I must address certain assumptions I am required to make in the interpretation of this court order. In reviewing the opinion of the Court, the only order I appear to have any direct impact on is the order of the Court for officers serving dual roles to choose one role within seven days of the release of the opinion and vacate the other role. Therefore, I will assume that this is the section of the opinion the Court states that I am responsible for enforcing and I will limit the scope of my response to this section. Furthermore, the Court has been unclear exactly how I am to address the issue of individuals who choose not to vacate one of their positions within the given time period. Again, the only power I myself would have to address this would be to remove the individuals from their Executive Branch positions, and thus I am forced to assume this is the intention of the Court's order.

With this being said, I would like to address the Court's contention that I have chosen "to stand idly by and allow no true check to exist." I have never disallowed checks and balances from existing in the Student Association as they are defined in the governing documents. In fact, I have never claimed that I am in favor of officers serving concurrently in more than one branch. The reality is, I do not have the power to impose a restriction on members of the Executive Staff that disallows them from serving on both the Legislative and Executive branches. Article VI, Section 1 of the Student Association Constitution states that "The Judicial Branch shall have a University Student Court, which shall have five justices. These Justices may not hold any other office in SA."

Clearly, the Legislature and students at large, in approving this Constitution, have defined this situation in which members of the Judicial Branch are restricted from holding offices in other branches. No such restriction exists in the Constitution for the Executive or Legislative branches; that is, no restriction has been approved by the Legislature and students at large to be included in the Constitution or any other governing document of the Student Association. Furthermore, precedent shows that Directors and other Executive Branch members have in the past served as Senators as well. Prior to the 2003-2004 session, Directors were actually placed under the Legislative Branch, and to my knowledge all of the Director positions were filled by Senators. With the bylaw changes that occurred at the beginning of the 2003-2004 session the Director positions were moved to the Executive Branch, but many Executive Staff members still served concurrently as Senators. Treasurer Ben Butz, Student
Organization Relations Director for the first semester Avigal Harris, Student Organization Relations Director for the second semester Robert Schuettpelz, who currently serves as a Senator, and Chief of Staff Clayton Clouse, who currently
serves as Speaker of the Senate, are all examples of individuals who served concurrently in both the Executive and Legislative branches in the previous
Student Association session. Considering these precedents and the fact that no Legislature-approved law exists prohibiting officers from serving dual roles, I
can only conclude that I do not have the power to disallow members of the Executive Staff from serving as Senators as well. To remove someone from their Executive position for serving concurrently as a Senator would make me vulnerable to very real legal action for unfair termination of employment, since I could site no rule currently in the governing documents as my reasoning.

Powers of the Judicial and Legislative Branches

Article IV, Section 8, Subsection (d) of the Student Association Constitution states that "The Senate shall formulate rules, regulations, and policies that govern the activities of SA." It goes on in Subsection (i) to state that "The Senate shall have the power to approve all SA By-Laws." This jurisdiction of the Court is in the interpretation of the governing documents of the Student Association. However, the effect of this opinion is to alter the governing documents of the Student Association, creating a rule where none exists in the Constitution. Clearly, Article IV, Section 8 of the Constitution reserves this power for the Legislative Branch, not the Judicial Branch. The Court uses the Preamble of the Constitution to impose its own opinion of what are appropriate checks and balances onto the Student Association. The Preamble reads, "We, the Students of the University of Wisconsin-Milwaukee, in order to form a more perfect Student Government; to ensure participation in Student Governance; and to promote our general welfare, do hereby establish this Constitution." In other words, in order to ensure a more perfect Student Government, we establish rules in the Constitution. Only the Legislative Branch has the authority granted in the Constitution to approve alterations to the rules and governing documents of the Student Association, and this ruling serves to take that power away from the Legislative Branch and give it to the three Justices who heard this case.
For me to take action against an officer serving dual roles citing only this Court opinion without the benefit of a legislature-approved rule change would again make me vulnerable to reprimand, not only on behalf of the affected officer, but also on behalf of the Senate for attempting to enforce a rule which the Senate did not approve.

Dual Roles in the Judicial Branch

I find it interesting that the Court is so appalled at the integration between branches considering its own Chief Justice is currently serving a potentially
disastrous dual role. Sandburg Halls Administrative Council (SHAC) is the second major governing body on campus. It is so important, in fact, that the 2003-2004 Student Association Senate passed a piece of legislation reaffirming its support of SHAC and acknowledging SHAC's authority in matters of residence life. This piece of legislation essentially reaffirmed SHAC as an extension of the Student Association in the shared governance process. The Chief Justice of the University Student Court currently is serving concurrently as the President, the head executive, of SHAC. The potential damage that could result from this dual role is certainly far worse than that of an individual serving in both the Executive Staff and Senate. What would happen should an individual who falls under the jurisdiction of SHAC be displeased with a decision made by the SHAC President and decide to turn to the University Student Court? Surely it would be difficult for that individual to find any sort of justice in the Court. Even if the Chief Justice were to recuse himself, the considerable influence he has as the head of the Judicial Branch would certainly affect the opinions of the Justices hearing the case.

Conclusion and Possible Remedy

In conclusion, the individuals affected by this opinion have been made aware of the Court's wishes, but I cannot personally take any action against the individuals who are serving in both the Executive and Legislative branches. I want to be absolutely clear that I am not purposely defying the Court, but rather I simply do not have the power to take any action without a specific clause prohibiting Executive Branch members from serving on other branches, as exists with the Judicial Branch. I leave it to the Senate to decide whether to pass a bylaw change implementing this restriction; I am most certainly not opposed to the discussion of a bylaw change, and I absolutely will do my best to enforce anything the Senate passes that is signed into law. I only ask that if the Senate considers the elimination of the dual roles that exist in the Student Association, it do so fairly and equitably, and address the dual roles which currently exist in all branches of the SA.


In service to the students of UWM,


Brett P. Belden
President
Student Association of the University of Wisconsin-Milwaukee

This is then SA President Brett Belden's response. Notice that he is aware of Rueden's cozy relationship with the Sandburg Halls Administrative Council, and notes how such a problem can exist even outside the normal divisions of student government.

Again, please widely distrubute these. I will offer more comment when I have a chance to study these further.

SA Senate Meeting November 12: The Good, the Bad, and the Ugly

It is good to see the Student Association Senate functioning in the expected manner again . . . or is it?

Six vacant Senate seats were filled, which is a good sign. Most of them, as expected, are people invested in the status quo, so the chances of radical change taking place are slim. In this case, however, the process as outlined appears to be working, so I am treating this as a net plus.

The proposed Student Court nominee was not taken up, as she was unable to attend. However, a new Shared Governance Director was appointed and confirmed: Brandon Decker. His confirmation places him in the list of people for whom the separation of powers, were it to be enforced, would be definitively forced to choose either his Senate seat or his new directorship.

Executive Order
This is an amazing loophole so large you can drive a herd of mastadons through it. The Order "ordered" Ms. Prahl to "use any and all private funds" to obtain legal counsel. By framing it as an executive action, it was packaged as a Special Order. The Senate Bylaws, Article II, Section 3d states that Private Account Expenditures are normally done by automatic consent, unless a senator objects, in which case it is pulled and moved to New Business. But it was framed as an Executive Order, which filed it under an executive action, not a Private Account Expenditure automatic consent item. This supposedly triggered Article II, Section 3g:

All executive actions to be included in Special Orders shall follow a specified procedure. The President shall report on the executive actions and upon the completion of the President's report, all items shall be included in t a consent item and approved at that time, unless a senator objects to an item. The Senate may overturn an executive action by a 2/3 majority vote.

By doing it this way, Article V, Section 3b of the Executive Bylaws, which states that "This $2000 [minimum amount in the account] shall be used only for emergency purposes, with approval of 2/3 of the Senate" was bypassed. So now, instead of it taking a 2/3 vote to approve the expenditure, it took a 2/3 vote to prevent the expenditure.

This creates a new potential avenue for exploitation: Fiat by executive action. The President could, if she were unscrupulous, simply decree her will by executive action, and dare the Senate to come up with the 2/3 necessary to overturn it. This would require a more independent Senate than what I have witnessed to date.

Separation of Powers at stalemate
Antwan Jones' Separation of Powers act failed, but the passages in the Senate Bylaws that prohibit senators from serving on the Cabinet are still there, with the dilatory motion to strike them tabled. The idea was that a compromise position was to be drafted, but we will see what compromise can be made.

Senate Finance Committee bylaws approved
The Senate Finance Committee Bylaws were approved. One of the more interesting elements of this process is that it became clear that the senators who sit on SFC don't get to draft them. Rather, they are created by another body who forwards them to University Legal to insure that state laws are being followed, and then they are sent to the full Senate for approval by a 2/3 vote. The problem is that there are 13 members of SFC, including the Vice President, so it is possible for every member of SFC to vote against the bylaws but still have them approved, forcing the people who voted against the bylaws to operate under them.

Ban on breastfeeding in Union offices?
When the "Registered Student Organization Rights Act of 2006" came up for a vote, one of its authors, Senator Dan Bahr, lobbied for it by saying he had passed by one of the University offices and saw a topless woman breastfeeding her child there. This, plus other unspecified inapporpriate activity, was the reason that he wanted the Senate to recommend that the Union Policy Board change its policy on student organization membership and adda clarifying passage that Union offices are intended to be used for administrative purposes only. I will not comment on what Mr. Bahr thought he was doing by peering into Union offices not his own. Instead, I will focus on more salient points. Why even bring this up before the Senate? The other author of this legislation was Robert Stueber, the current chair of the Union Policy Board, and Senator Russel Scott is the UPB vice-chair. Are they so impotent within their board that they could not have brought this matter to the UPB themselves? The document that is being recommended for change is the Student Organization Manual, which is a publication of the Student Activities Office, not the UPB, and does not derive its material from the UPB, so how do the authors and sponsors intend to affect anything by asking the UPB to do anything? In addition, the University Student Court has ruled that the UPB is not a part of Student Association, so what benefit is gained by having the Student Association Senate express their opinion? And while Mr. Bahr in the Q&A session expressed that it was not the intention of the legislation to ban advisors, checking of e-mail or Facebook, other standard uses of the office, enforcement of this policy would not fall to him, but to the UPB, of which he is not a member. This matter passed the Senate and we will see if the UPB chooses to do anything about it.

Conclusion
Overall, procedures were followed (maybe not the correct ones in all cases, but at least they were documented), and the usual pile of legislation got through. But the fact that a new loophole has been created and exploited is ugly, and needs to be dealt with.

Dilatory motion detected

I am posting a message from Jacob Wu, a former SA Senator who ran against Russ Rueden for President in April 2005:

I wanted to make you aware, before the meeting, that at least one motion in New Business for today's meeting is dilatory, out of order and should be removed from the agenda. Senator Bahr and Scott's legislation titled "Student Association Senators Right to Serve Act" is the motion in question. Since our rules on what motions are out of order come from Robert's Rules or Order 10th Edition (I will refer to it as RR from now on) I will provide you those references.

If you look at your chart of motions in the back of RR you will see that "Student Association Senators Right to Serve Act" is a motion to "Amend bylaws or constitution" and is classified "M/B" (Page 10 of the "Chart for determining when each subsidiary or privileged motion is in order", number 16). You can find rules about this class on page 72 starting at line 10 "Motions that bring a question again before the assembly." Now, Bahr and Scott's last piece of legislation titled "SA Senate Bylaw Revision" did essentially the same thing as their new legislation in that it attempted to remove Article VII Section 1 parts (f)(g) from the Senate Bylaws. According to RR on page 72 starting on line 29:

a)During the meeting or series of connected meetings (called a "session") in which the assembly has decided a question, the same or substantially the same question cannot be brought up again, except through special procedures that imply an unusual circumstance.

Since the Senate meets in a series of connected meetings this legislation is out of order until the next session (2007-2008) of the Senate and thus should not be considered and should be removed from the agenda. To reconsider the old legislation ("SA Senate Bylaw Revision") one of the Senate members that voted for its defeat (a nay voter) would have to motion to reconsider. This is in keeping with the rules of a motion to reconsider for a M/B classed motion.

Thank you,
Jacob Wu
L&S Student, UWM

Part of the goal of Well Armed Sheep is to report events so that those who can spot something funny can pass the information onto others. I wish to thank Jacob for his timely catch.

Senate Agenda for November 12, with commentary

I have now linked to the Student Association Senate agenda for their November 12 meeting. I would like to point out a few items worthy of commentary.

Executive Order 0607-001
The action line of this Executive Order is a cut-and-paste from the Financial Accountability Act of 2006:

BE IT FINALLY RESOLVED that the Student Association order the President to use any and all private funds to ensure that we effectively address the constitutional crisis that our government has faced in the past weeks and to seek the necessary legal counsel to ensure that the right of UW-M students to govern themselves without administrative tampering is protected.

As such, I see this as an attempt to get authorization for legal counsel before another walkout takes place. By placing this as an Executive Order, it is now scheduled under "Special Orders" and therefore before normal legislation, even though it reads like legislation and has the exact same line as legislation already scheduled under Old Business.

The problem is that the power to issue Executive Orders is specifically granted to the SA President under the Executive Bylaws, Article II Section 1j. As such, the Senate has no known power to act on it. While there may be a desire to create separate legislation to get the authorization for using the Private Account to obtain legal counsel and also a desire to get it past the roadblock created by the Separation of Powers Act, these are matters that should go before Senators, and the Senate should not be railroaded into dealing with it early by disguising the matter as an Executive Order.

Committee Publicity Act
This is a nice sounding way of getting information to students so they can participate in student government. This goal is noble and I have no objections to it.

I do, however, have a concern with the details. It directs "that those serving as chair of a committee compile/create an informational handout outlining their committee, the committee’s intention, and overall goals" and that each week, one such underrepresented committee be highlighted using the information provided. But not all of the committees upon which a student can serve as part of shared governance are chaired by students. Some, such as the Academic Policy Committee, are faculty run with student input. Clearly the Student Senate has no power to order a faculty chair to provide them with informational pamphlets. So the idea sounds great but cannot meet its stated goal.

Constituent Services Forum Act
The idea of this strange-sounding legislation is simple enough: The Legislative Affairs Director, for reasons that have yet to be explained, would be charged with setting up a listening session every month to hear from the students. But as I pointed out in September, writing legislation mandating these forums is no guarantee that they will happen. Such forums were to have taken place last year, and nothing came of them. I don't see how a new one, with such a pretentious-sounding title as "Constituent Services Forum", is likely to fare any better.

Student Association Newsletter Act
Again, good on ideas, but still questionable in substance. It would direct the Communications Director to produce a newsletter to highlight the accomplishments of Student Association each month. This is nice in theory, but what would a newsletter of the past month state? "This month, Student Association's office was cleared of documents as part of a criminal investigation of its Speaker and former President . . ." Also, while it may direct the Communications Director to publish the newsletter, details about how it is supposed to be delivered and what line item of the budget is supposed to pay for it remain to be seen.

Support for Responsible Consumption of Alcohol on Campus
This would allow the Director of School Spirit and Campus Activities [personal note: Why do we need this as a Director-level position?] to organize an alcohol prevention and awareness campaign. Again, no mention of where the money is coming from or what about this campaign would be different from all the other similar campaigns that are going on.

Resolution to Support the Lesbian, Gay, Bisexual, Transgender, and Queer Community on Campus
This would direct the LGBTQ Director to hold a forum where "students, faculty, and staff will be able to discuss the [marriage] amendment, their feelings surrounding it, and the impact the amendment will have on their lives." I recognize that many students on this campus have strong feelings about this amendment, and I can certainly empathize with the shock they must be feeling that their opinions were not shared by a majority of voters. But is the answer a forum that merely gives them a chance to vent? I can't really answer that question, but it seems a bit weak as a response to me.

Registered Student Organization Rights Act of 2006
I know certain people are really wanting my opinion on this item, and they have probably scrolled down to this section just to see what I have to say. For them, I am copying the entire text of this act here:

Registered Student Organization Rights Act of 2006

Author(s) Sen. Stueber, Sen. Bahr
Sponsors: Sen. Huibregtsee, Sen. Lesky, Sen Scott
Whereas, the resources available to Registered Student Organizations are significantly limited
Whereas, it is necessary for existing Registered Student Organization’s to maximize efficiency and to use the resources allocated to them in a manner that best serves current students.
Whereas, office space in the union is limited and should be maximized for current UW-M students.
Be is resolved that the SA Senate by majority vote recommend(s) to the Union Policy Board that it change its policy in the Student Organization manual (page 7, paragraph 1)
From:
“Student Organizations may include faculty, staff or individuals from the community as members, but they do not serve as officers or have a controlling interest in the organization.”
To:
“Student Organizations may only include current registered students as accredited members. Faculty, staff or members of the community may participate in Student Organization activities with out a controlling interest in the organization, but are not entitled to the resources allocated by Student Association that have been allocated with students’ segregated fees. Further, the offices allocated in the union are intended for administrative purposes only.”

I will begin with the title. What in this act provides any rights to a student organization? Isn't this a way to take some of the larger organizations who provide valuable service to the community and depress their perceived standing by limiting their membership to student members? There are already certain student governmental bodies who look at student membership only, so any reputable student organization will have the numbers already broken into student versus non-student membership. I don't see any rights asserted or granted by this act.

Now to the justifications. The act claims that "the resources available to Registered Student Organizations are significantly limited". I would be a fool to believe they were totally unlimited, but student organization resources are "significantly" limited primarily to the extent that they are being used by the Student Association itself and not being passed onto other organizations. Every student pays hundreds of dollars in segregated fees specifically to run student events and organizations. How does a $9 million budget not provide for the needs of student organizations unless most of it is absorbed before it gets there?

The act further states that "it is necessary for existing Registered Student Organization’s to maximize efficiency and to use the resources allocated to them in a manner that best serves current students." I would agree with this statement, but I would insist that Student Association also live up to this mandate. The previously released financial records show large payments for executive and speaker salaries, and large budgeted items such as printing and travel that can be open to abuse. Furthermore, one of the items of Old Business is an act that would reset the Presidential salary to $10,000 from the original $9,000. The Student Association Senate and Executive branches need to lead by example and prove that their financial house is in order before they start ordering around other organizations in the name of granting them "rights".

And just when you thought that the hubris couldn't get any worse, then the act claims "office space in the union is limited and should be maximized for current UW-M students." The Union Director, in an attempt to create more Registered Student Organization (RSO) space, released the area where the old Union Outing Center was for RSO use, but after the move by the Post into that space, and the move by Student Assocation into the Post's old space, SA didn't release its old space for other organizations, instead converting it into an Organizational Programming Center, which sees little to no use. Releasing that space, which has a central "lobby" area with six adjoining offices, would have allowed space for several RSOs to receive the space they need to maximize their efforts for current students. Also, if there is such a premium on office space, why is Robert Stueber, chair of the Union Policy Board and an author of this act, advertising in the Union 3rd Floor that there is office space available?

I mentioned the proposed solution to these self-created problems before, but there are more things that need to be said about it. Again, for the record, the idea is to ask the Union Policy Board to change its policy in the Student Organization Manual to read:

“Student Organizations may only include current registered students as accredited members. Faculty, staff or members of the community may participate in Student Organization activities with out a controlling interest in the organization, but are not entitled to the resources allocated by Student Association that have been allocated with students’ segregated fees. Further, the offices allocated in the union are intended for administrative purposes only.”

First, the item to be changed is part of the Student Organization Manual, published by the Student Activities Office, which is an arm of the University's Office of Student Life and is not part of the Union Policy Board. Second, what do the authors of this act mean by "accredited members"? Third, what does it mean that non-students are not entitled to the resources allocated by the Student Association that have been purchased with segregated fees? These things need to be spelled out.

The last sentence is something that needs to be addressed on its own. "Further, the offices allocated in the union are intended for administrative purposes only.” It has always been the policy that Union office space is to be used for the work of the club who has it, but the definition of "the work of the club" varies depending on the club involved. Would the Chess Club be prohibited from monitoring high-level chess tournaments from their office? Would Peer Health Advocates have to find a new office from which to conduct counseling sessions? These activities fall under the "work of the club" but are not necessarily "administrative purposes". This definition is too vague to mean anything important.

Diversity Restoration Act
This would create a diversity forum each semester to promote awareness and express the need for diversity on campus. It would also create a Diversity Committee composed of minority Senators and majority non-Senator students to aid in the purposes of the act. Again, this sounds nice, but how can we be sure this will do anything useful?

Student Association Senators Right to Serve Act
And as usual, bringing up the rear, is the latest attempt to weasel out of the Bylaws hole they are in:

Student Asspciation Senators Right to Serve Act
Authors: Senator Bahr, Senator Scott
Sponsors: Senator Draheim, Senator Grotz, Senator Decker, Senator Magar, Senator Huibretsge, Senator Nesgoda, Senator Pfeifer, Senator Kopczyk, Senator Malke

WHEREAS, democratically elected Student Association Senators have a right to serve in the Student Association Senate.

THEREFORE BE IT RESOLVED, that the Student Association Senate Bylaws be amended to ensure that right by removing the following passages: Article VII, Section 1, sub-sections (f)(g)

The pretense of a more sweeping cleanup is removed in favor if a more direct approach. Personally, I don't have a problem with democratically elected senators serving in the Senate -- as long as they aren't compromising their position by being in multiple branches of government. Having made the choice to earn money at this, I have no problem saying that they have chosen to give up their Senate seat as well.

This will certainly be an interesting meeting, especially if the issues raised here reach the Senate floor.

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.