Constitutional confusion

By The Beacon | February 23, 2011 9:00pm
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Is a simple majority really enough?

(The Beacon)

By Austin Viega, Guest Commentary -- The Beacon

On Monday, Feb. 21, 2011, at 4:30 p.m. ASUP held their weekly Senate meeting. At this meeting I observed some very controversial tactics used in order to pass Resolution 11-03. The resolution reallocates the fall semester's Capital Improvement Fund to the RISE campaign. Needless to say, the resolution has been the talk for the past weeks for its controversial content.

On Monday night, the Senate "passed" the resolution 20 votes to 11. The resolution is supposedly an addendum to a list of rules entitled "Capital Improvement Fund Policy." There is only one problem. The article given the name "Capital Improvement Fund Policy" does not exist within the ASUP constitution, or the ASUP Senate By-laws.

The constitution outlines Article XI: Capital Improvements Fund, stating "Money from the capital improvements fund shall be allocated as needed by a two-thirds vote of the senate" (Article XI, B). However, Resolution 11-03 passed with a simple majority and, the document "Capital Improvement Fund Policy" now directly conflicts with the ASUP Constitution because of the preceding vote.

Unfortunately, the article "Capital Improvement Fund Policy" is merely a piece of paper. According to the ASUP By-laws, "The ASUP Constitution, By-Laws, and Robert's Rules of Order (revised) shall govern all proceedings of the Senate," not random documents found in dusty binders (Article IV, Section 3). The document "Capital Improvement Fund Policy" has not been adopted under any of these doctrines.

For something as important as $20,000, it worries me that ASUP is willing to accept a simple majority to re-allocate Capital Improvement Fund monies despite the fact that our constitution clearly states otherwise. Not only does the practice seem unfair, it also does not follow standard Senate protocol.

It seems as if the document "Capital Improvement Fund Policy" was conveniently brought into existence in order to avoid a two-thirds vote.

I also find it disturbing that the Executive Board chose to withhold this information until after the vote. Most senators were under the impression that a two-thirds majority was necessary to pass the resolution. Executive Board revealed the simple majority rule after the votes were tallied.

In addition, future Senates are required to produce a two-thirds majority in order to change any part of the resolution added on Monday. Executive Board played a very political move in order to make sure that "their" resolution passed. The Executive Board contrived the concept of donating the Capital Improvement Fund, and on Monday night showed a conniving desire to force this resolution on the student population.

It does not matter whether or not the resolution passed. The article "Capital Improvement Policy" is still not a legitimate governing doctrine of ASUP. In order to apply Resolution 11-03 constitutionally, the Senate must adopt the "Capital Improvement Fund Policy" into ASUP By-laws by a two-thirds majority vote. In order to prevent confusion in further governing articles, my peers and I deserve the right to transparency and consistency among our leaders.

Ausin Veiga is a sophomore biology major. He can be contacted at veiga13@up.edu.


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