Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, October 21, 1975

CSUN SENATE MEETING #15 OCTOBER 21, 1975 AGENDA I. Call to Order II. Roll Call III. Approval of Minutes IV. Committee Reports A. Activities Board B. Appropriations Committee C. Organizations Committee V. Old Business A. Student Union Board Operating Policy VI. New Business AB.. PRreeosrigadneinztaitail onN oomfi naCtoimomnist tees VII. Information The next Senate Meeting will be on November 11, 1975 at 5:00 in Lounge 203. CSUN SENATE MEETING #15 OCTOBER 21, 1975 I. The Meeting was called to order at 5:10 by Rafael Lara. II. Roll Call was taken. III. Approval of Minutes Motion "by Gerone Free to dispense with the reading of the minutes and accept as submitted. Seconded by Scott Blackmer Motion passes Motion by Gerone Free to approve Emergency Senate Meeting Minutes. Seconded by Rosalynn Ramey Motion passes IV. Committee Reports A. Activities Board (no report) B. Organizations Committee Motion by Scott Blackmer to approve the following Organizations to be Recognized: Young Republicans Club Sigma Chi Fraternity Students International Meditation Society UNLV Karate Club UNLV Muslim Students Association Yoga Club Preprofessional Club The Emanon Society Seconded by Gerone Free Discus s ion Motion passes C. Appropriations Report (attached) Jeff Baird gave the Appropriations Report V. Old Business A. Student Union Board Operating Policy Motion by Scott Blackmer to table the Union Board Operating Policy Seconded by Rosalynn Ramey Discussion Motion passes B. Election Board (Minutes attached) C. Motion by Gerone Free to remove from table the previous motion stated in Senate Meeting #13: "Motion by Joe Warpinski that CSUN express, in the form of a letter to the Yell, CSUN's discontent with the Editor's answering of letters to the editor." Seconded by Rosalynn Ramey Motion passes Rafael Lara read a Report of Stolday vs. CSUN to the Senate Motion ruled out of order by the Chair Discussion on the motion Joe Warpinski withdrew his motion Motion by Scott Blackmer to establish a Senate Ad Hoc Committee to investigate the possibility of setting up a Mass Communications Board Seconded by Joe Warpinski Motion by Joe Karaffa to call for immediate vote Seconded by Dave Wodis Motion passes, 2 abstentions Main Motion passes VI. New Business A. Motion by Joe Karaffa to appropriate $500 to the Water Polo Club for traveling expenses Seconded by Kevin Haggerty Di s cus s ion Motion by Joe Karaffa to recess for 5 minutes Motion seconded Mot ion passes Meeting was called back to order by Rafael Lara. - 2 - Joe Karaffa withdrew his motion. Motion by Scott Blackmer to suspend temporarily #2 from Senate Adopted Organizational Rules dated June 2k, 1975. 2. To review and forward recommendations concerning all organizational requests for matching funds from the CSUN Senate. Seconded Motion passes, 12 in favor, 1 opposed, 1 abs. Mot ion by Joe Karaffa to appropriate $500 to the Water Polo Club for traveling Expenses Seconded Motion by Joe Warpinski to call for immediate vote Seconded by Bill VanAnda Motion passes Main Motion passes, 8 in favor, U opposed, 2 abs. Scott Blackmer was excused at 6:05. VII. New Business - Reorganization of Committees & Presidential Nominations Joe Karaffa nominated the following positions: Union Board: 1. Bill VanAnda Marching Band Committee: 1. Dave Wodis Committee for Student Evaluation of the Faculty: 1. Frewin Osteen 2 . Reed Manning 3. Rosalynn Ramey h. Pam Moore, Chairman Committee on Mass Media: 1. Joe Warpinski, Chairman 2. Jace Mills 3. Tom Moreo Motion by Joe Karaffa to approve all Presidential Nominations Seconded by Bill VanAnda - 3 - Discussion Motion passes, 1 abstention Ed Jordan nominated Frewin Osteen as Senator for the University College. The Chair informed the Senate of the Following vacant Senate Seate s: Education (l) Sophmore Col.(l) University , v College Committee Report: Mascot Committee Bill VanAnda gave the Report for the Mascot Committee. Motion by Bill Van Anda to change the school colors to red, white, and blue Seconded by Kevin Haggerty Motion passes, 1 opposed Motion by Gerone Free to adjourn Seconded by Bill VanAnda Motion passes Meeting was adjourned at 6:20. The next Senate Meeting will be November 11, 1975. Respectfully submitted, Debbie Roussell, Senate Secretary - k - ROBERT STOLDAL vs . CONSOLIDATED STUDENTS OF UNIVERSITY OF NEVADA, LAS VEGAS JANUARY 21, 1975 Mr. Chief Justice Cuellar, Mr. Justice Maus , Mr. Justice Hechter, with unanimous consent, delivered the opinion of the Board; with Dr. Jerry Simich, faculty advisor, concurring: The petitioner, Mr. Robert Stoldal, filed a complaint that the Consolidated Students of University of Nevada, Las Vegas (CSUN) in the "body of the President, Mr. Val Buhecker, illegally violated the Constitution of the Consolidated Students of the University of Nevada, Las Vegas in that he wrongfully terminated the petitioner known as Editor-in-Chief of CSUN Publications. At the outset, it is important to consider what this case aoes not entail. It does not involve the question of the validity or invalidity of charges leveled at Mr. Stoldal, rather at issue here is--„he question of whether the President of the Consolidated Students of University of Nevada, Las Vegas has sole authority to terminate the Editor-in-Chief of CSUN Publications. The authority to appoint the editor-in-chief of CSUN Publications is treated in Article XIV, Section 3, of the Consolidated Students of University of Nevada, Las Vegas Consti-tution : The editor of the newspaper, yearbook and/or magazine shall be appointed by the President with Senate approval and shall receive a salary as stated in Article IX, Section 1, Paragraph C. American common law holds that the power to select carries with i"- ohe power to remove, i.e., the methods of removal must reflect the sanctioned methods of selection. The wisdom of this tenet of Justice holds that at least an equal authority (if not greater) must be seen as a requirement — indeed, a foundation of Due Process. In the interest of justice, we must find for the petitioner. Ar-icle XIV, Section 3 clearly denotes dual responsibility for selection of the editor-in-chief of CSUN Publications; as such, it ic obvious that the dual responsibility shared by the legis-lative and executive branches must hold for the removal of the - 1 - STOLDAL vs. C.S.U.N. January 21, 1975 Page 2 editor-in-chief of CSUN Publications. For this reason, we order the immediate reinstatement of Robert Stoldal as editor-in-chief of CSUN Publications, and the retroactive compensation of his salary to date of illegal termination. Engaging in foresight, ve see many eventual problems. There fore, it is our duty to define the unique position of any editor-in- chief of CSUN Publications as veil as to denote the powers and responsibilities of any President of CSUN, and the Student Senate We feel that the following commentary is necessary to maintain the system of checks and balances and to insure against whim and personality, even though these elements may or may not be present in a particular case. The CSUN student newspaper, The Yell, is not a "house organ" in that it is. not entirely owned, written, prepared, financed, and distributed by the government of the Consolidated Students of the University of Nevada, Las Vegas. Thus the editor and staff of The Yell may not be treated simply as employees of the Consolidated Students of the University of Nevada, Las Vegas government, even though the Consolidated Students acts as publisher. The editor must be seen as head of a student press, responsible for its material, while at the same time responsible to the Student Body as a whole through the student's elected representatives. Thus the power of the President and the Senate to select and remove is obvious. This is not to indicate a reversal of the boards position, rather, it is to explain that the publication may be administered, but not controlled, by the CSUN government for the students. Considering the events that have occured, it is desirable to recommend procedural guidelines in a removal action involving the editor-in-chief of CSUN Publications. One: That a joint action of the executive and legislative branches be required. Two: That a single Senate and Presidential ad hoc investigating commission be established, in accordance with standing senate rules. Three: That this commission hold public hearings. Four: That this commission make recommendations to the Senate and President. Five: That the Senate must have a 3/^ vote of members present, or a simple majority of total Senate membership (whichever is greater) for approval and recommendation to the President. STOLDAL vs. C.S.U.N. January 21, 1975 Page 3 Six: That this joint action establishes the need for both the President and the Senate to be in agreement for termination. Be it noted that this board's decision and subsequent recommen-dations only affects the nature of the office of the editor-in-chief. This will not be interpreted to limit or hinder the powers of the President to effect change in any other presidential appointment and/or nomination. For such a change to occur would require a specific constitutional question being asked this board. In a government of laws, the laws are seen as protectors of the right and priviliges of all concerned. They cannot be arbi-trarily ignored or usurped by anyone, even under the guise of executive "house cleaning" or legislative responsibility. This we so order, and affix our signatures this 2lfJi day of January, Nineteen hundred Seventy-five, A.D. Mr. Chief Justice Cuellar MM. Justice Hechter — / ^ -—: 1 i—i Mr. Justice Maus ELECTION BOARD MINUTES OCTOBER lU, 1975 Motion by Chris Cochran to certify election results as official. Seconded by Sharon Wagner Discussion Motion passes unanimously The next meeting with by Friday, October IT, at 10:00 to discuss Homecoming Election. Meeting was called to order^at 1:00 p.m. Members Present: Rod Daye Chris Cochran Sharon Wagner Rafael Lara