Judicial board for the Consolidated Student Senate, University of Nevada, Las Vegas, Spring, 1977

CONSOLIDATED STUDENTS UNIVERSITY OF NEVADA, LAS VEGAS 4505 Maryland Parkway Las Vegas, Nevada 89154 Telephone (702) 739-3477 J O D I C I A L l O A R D ADVISORY OPINION - Transition of Government, 1977 Interpretation of Articles of the Constitution In light of extra-ordinary circumstances which have surrounded the CSUN elections of Spring, 1977 (see In re: 1977 CSUN Presidential Primary Election, April 12, 1977), the CSUN Judicial Board has been asked for an advisory opinion regarding four (4) articles of the CSUN Constitution pertaining thereto. Petitioner, Joseph G. Warpinski, has requested a Judicial Board review and interpretation of the following articles, "to determine the fashion under which CSUN will govern itself during the present presidential dilemma": Article IV, paragraph 5, ss A: The Executive Officers: Senior, Junior and Sophomore Senators shall be installed three (3) weeks subsequent to date of election, hereinafter (*1*). ss C: The term of all elected officers shall be one (1) year from the date of installation for those elected officers. (1) In the event of a vacancy in the Senate, and subsequent appointment to fill such vacancy, said Senator shall serve to the date of expiration of the office he fills, hereinafter (*2*) . Article V, paragraph 2, ss A: The Vice-President shall assume all the duties pertaining to the office of the President in the event the President's office is vacated and all other duties as delegated to him or her by the President, hereinafter (*3*). ADVISORY OPINION: Transition, 1977 Page 2 Article VII, paragraph 5, ss K: The Senate shall elect a President Pro Tempore who shall fill the office of the Vice President in the event of a vacancy in the office of the Vice President, hereinafter (*4*). * * * The Judicial Board maintains a strong adherence to constitutionality in interpreting section of CSUN's supreme document. In the absence of circumstances which constitute an emergency, the Judicial Board sees no other route. —Regarding (*1*), the Judicial Board reaffirms passage con-tained within, i.e. <Offlcers and Senators) shall be installed three weeks subsequent to date of election. The Judicial Board sees the intent of this article to provide an internship period for incoming elected officials, as well as an introductory period for benefit of the student body at large, and maintains it is essential to the adequacy and fairness of student government. —Regarding (*2*), the Judicial Board reaffirms the pertinent passage contained within, i.e. term of all elected officers shall be one year from the date of installation. —Regarding (*3*), the Judicial Board reaffirms the passage contained within, i.e. the vice-president shall assume all the duties pertaining to the office of the President in the event the President's office is vacated, and all other duties as delegated to him or her by the President, and further advises that the line of succession then reach to the President Pro Tempore of the Senate, analogous to the United States federal system, with the express stipulation that duties be carried out only in such manner as is necessary to maintain government in an interim, and that actions taken by any person placed temporarily in the President!.s seat, including the vice-president, not necessarily be binding upon the individual who immediately assumes bona fide presidency. —Regarding (*4*), the Judicial Board reaffirms the passage contained within, i.e. the Senate shall elect a President Pro Tempore who shall fill the office of the vice-president in the event of a vacancy in the office of the vice-president. * * * To provide petitioner with precise application to the situation under consideration, the Judicial Board interprets and advises, ADVISORY OPINION: Transition, 1977 Page 2 —Regarding (*1*) , since William Kenneth Holt was elected in the CSUN general election of April 13 and 14, 1977, he shall be installed on May 7, 1977, or as soon thereafter as possible, except that if necessary for good-cause convenience, he may be installed May 6, 1977. Whoever shall win the presidency as a result of general election for such held May 5 and 6, 1977, shall be installed May 28, 1977, or as soon thereafter as possible, except that if necessary for good-cause convenience, such may take place on May 27, 1977. —Regarding (*2*), pertinent part, Daniel L. Russell and Pamela Moore Beury, having been installed May 1, 1976, shall leave office April 30, 1977, at 12:00 midnight. —Regarding (*3*) , the President Pro Tempore of the Senate, Joseph G. Warpinski, shall assume the duties of the president for the period May 1 to May 27,;1977. Although vice-president for the term including a portion of that period (May 7-27) shall in fact have assumed office, the Judicial Board feels it necessary to maintain as much consistency during this period of unusual and trying circumstances as possible. Therefore, for smoothness and efficiency, the Judicial Board advises Mr. Warpinski maintain the interim position for the entire period under consideration, as opposed to transferring once again the Interim presi-dency to the incoming vice-president upon installation. To consider a second transfer is deemed irrelevant by the Judicial Board in any event, since the Constitution states, "The Vice-President shall assume all the duties pertaining to the office of the President in the event that the office is vacated . . Under this interpretation and advisement as to pertinent application, the Judicial Board does not anticipate any vacancy whatsoever. (Emphasis supplied.) Further, the Judicial Board advises, In accordance with pertinent section of In re: 1977 CSUN Presidential Primary Election, April 12, 1977, the current CSUN Election Board be extended in its duties until May 9, 1977, in order to allow for handling of any election complaints which may arise from the election of May 5 and 6, 1977; the editor of the Yell, Don Beury, be required to extend duties until May 11, 1977, in order to assume publication of two remaining issues of the newspaper during the current time period; the Activities Board be manned in such manner as is necessary to carry on business, given that its handling by caretaker government, or any other committee, board or related matter, be not necessarily binding upon the Incoming CSUN president. Further, the Judicial Board advises the President be granted a ADVISORY OPINION: Transition, 1977 Page 2 stipend for the month of May, 1977. —Regarding (*4*), the Senate at its next meeting shall elect a President Pro Tempore who shall fulfill his or her obligations in com-pliance with the Constitution, then shall step down immediately upon return to normalcy of UNLV student government. Therefore, the Judicial Board advises, based upon its interpre-tation of the articles presented, Joseph G. Warpinski be named CSUN acting president for the time period May 1-27, 1977, with the authority to do whatever is necessary to carry on the business of student government, provided that any and all of his actions in the interim position are not necessarily binding upon the bona fide CSUN president for the year 1977-78, and that the Senate elect a President Pro Tempore to fill that position vacated by Mr. Warpinski for the time considered; that the boards and committees named be handled in the manner indicated that the president-elect be paid for the month of May, 1977 f * LEIGHANNE MOREJON, CHIEF JUSTICE DAVID BORRIS, ASSO. JUSTICE STEVEN COMPAN, ASSO. JUSTICE CLYDE DALTON, ASSO. JUSTICE GEORGE KABOLIS, ASSO. JUSTICE