Date Introduced:  Thursday, October 2, 2008
Date Decided: Tuesday, October 7, 2008

Summary of Issue:
The Executive Cabinet has scheduled a legislative retreat which members of the legislative branch and executive cabinet would be in attendance.  The retreat, formerly referred to as the Association Retreat, was renamed to better describe those required at the retreat.  The questions before the Judicial Court are:
1.    Are separate, non-concurrent retreats considered an Association Retreat under the definitions provided for in AB§2-1.1(3)?
2.    Does the Executive Cabinet have the right to manage retreat and exclude specific persons from retreats?
3.    Do members of the Judicial Court have the right to participate and attend the Association Retreat?

Decision:
A separate and non-concurrent retreat would not be considered an Association Retreat per AB§2-1.1(3), “[the Association President shall] schedule, plan, and manage an Association Retreat and mid-year refresher for all Senators, Representatives, and Justices with the coordination from other officers.”  This statement clearly defines two separate but unified events—one Association Retreat, and one mid-year refresher—that all Senators, Representatives, and Justices must participate in.

As this duty is specifically assigned to the President, the Executive Cabinet may not act on behalf of the President.  Therefore, the decision to exclude the Judicial Court would be the sole responsibility of the President, despite the concurrence from the Executive Cabinet.

Order:
It is hereby ordered by the Providence Campus Student Government Association as follows:
I.    The retreat be open to all Senators, Representatives, and Justices as defined by the bylaws;
II.    President Jason L. Atkins is hereby censured for knowingly violating the bylaws regarding his specific duties of office;
III.    Chief Justice Kyle M. Britto is hereby censured for failing to dutifully serve as general counsel to Executive Cabinet and its members by informing them of the bylaw breach and preventing this gross deviance from the bylaws.
IV.    Failure to comply with the orders in this Judicial Court Order by President Atkins will result in a charge of contempt.

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