Summary of Issue:
ACon§4-7(7) states the Speaker of the Senate shall “succeed the Association President in the event of a vacancy, relinquishing the role as Speaker of the Senate immediately upon that vacancy.”  This provision conflicts with AB§2-1.4 which allows the Speaker of the Senate to choose whether he shall succeed the President, and if not to allow the Speaker of the House, Speaker Pro Tem of the Senate, or Speaker Pro Tem of the House, in that order, the ability to accept or deny that position.

Decision:
The Court believes that such a conflict was not intended by the authors of the Constitution, and the constitutional provision was intended to be struck prior to approval.  While such intent is interesting, the Court must determine the rules as they are written.

“If the [Constitution] authorizes certain things specifically, other things of the same class are thereby prohibited.  There is a presumption that nothing has been placed in the [Constitution] without some reason for it.  There can be no valid reason for authorizing certain things to be done…unless the intent is to specify the things of the same class that may be done, all others being prohibited.” (RONR p. 571 l. 24-33)  Or simply stated, if the Constitution authorizes the succession of Association President, another clause providing for a different succession of officers cannot be authorized.  Consequently, the conflict between the Constitution and Bylaws cannot exist, and the Constitutional provision for the succession of officers prevails and the provision in the Bylaws is null and void.

Order:
It is hereby ordered by the Providence Campus Student Government Association as follows:

1. AB§2-1.4 is amended by striking “§2-1.4 – Succession. If there is a vacancy in the office of Association President, the Speaker of the Senate, upon acceptance, shall serve as Acting Association President until a successor is elected. Should the Speaker of the Senate not wish to hold the office, the Speaker of the House shall be eligible to serve. If he/she refuses to accept, the Speaker Pro Tem of the Senate or House shall serve. No person serving as Acting Association President shall retain their rights and privileges as a member in that legislative body, though it shall be restored once a successor is elected.”
2. AB§2-1.5 and AB§2-1.6 shall respectively be renumbered AB§2-1.4 and AB§2-1.5.

WHEREAS, Students from Edmund Hall are having trouble getting to their 9:20 and 11:30 classes on time, and to Gaebe Commons between the hours of 1:00PM and 2:30pm, AND

WHEREAS, Students from Edmund Hall are having trouble getting back to Edmund between the hours of 10:30AM and 2:30PM, AND

WHEREAS, The Office of Transportation Services has changed bus schedules to and from Edmund Hall during these times at the request of the University Services committee;

RESOLVED, The University Services committee shall seek feedback from students regarding the schedule changes, and coordinate with the Edmund Hall Council and Association President to communicate to the Office of Transportation Services, AND

RESOLVED, The Branding committee shall be responsible to communicate the results of this legislation to the University community.

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As always, thank you for your interest!

Summary of Issue:
Elections were conducted Monday, September 29 until Thursday, October 2.  Each candidate running for office submitted an application acknowledging all election rules, which the Board reminded all candidates of on several occasions.  The Board of Elections held an emergency meeting on Friday, October 3 with only three members present, President Atkins, Justice Lemoine, and Advisor McGinn Paolo.  Based on the number of voters, each candidate needed to secure 156 votes.  Only 6 of the 15 candidates for University Senate attained this.  President Atkins and Advisor McGinn Paolo believed that despite AB§5-1.10 requiring a plurality of at least 35% for election, the top 12 should be announced.  Justice Lemoine dissented.  President Atkins stated he’d appoint the remaining six who ran for the vacancies anyways, so to prevent embarrassment, he would announce all 12.

Decision:
The Association Bylaws clearly indicate the voting requirements for offices where there is more than one position being elected to it.  AB§5-1.10 states, “Candidates seeking an office [for any race which there is more than one position available] shall need a plurality of at least 35% for election.” No one individual, nor the Board of Elections can deviate from the election rules which were defined by the University Senate.

The announcement of winners beyond the initial 6 was illegal, and accordingly it remains a continuing breach of the bylaws (RONR p. 244 l. 10-11).  Failure of the Senate to ratify this by correctly electing these remaining 6 members may jeopardize their service in the University Senate.  The Senate may, as a main motion, elect the six members the President incorrectly announced as winning.  Only the Spring Class and properly elected Fall Class of Senators may vote in this election, and until this election is held, none of the improperly announced members can be classified as University Senators.

Order:
It is hereby ordered by the Providence Campus Student Government Association as follows:
I.    President Jason L. Atkins is hereby censured for knowingly violating the bylaws relating to election rules;
II.    Advisor Tanya McGinn Paolo is hereby censured for knowingly violating the bylaws relating to election rules;
III.    The University Senate is given a copy of this Order so a proper resolution to this matter can be made;

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.

Summary of Issue:
Speaker Geoffrey Long submitted a letter of resignation from his capacity as both Speaker of the Senate and as a member of the University Senate in accordance with AB§3-1.5(2) and AB§3-1.5(4).  Per AB§3-1.5(1), resignations “shall be effective upon being read at the next scheduled meeting, at which their absence shall not count against quorum.”  The follow questions are put before the Judicial Court:
1.    Can a resignation be withdrawn or rejected?
2.    Must the successor, who would be up for re-election in the fall, actually run in the fall?  Does the office of the Speaker of the Senate become elected in the fall general election?
3.    Can the President appoint a qualified person to serve as a University Senator for the duration of the unexpired term of Speaker Long?
4.    Must the Senate elect a new Speaker Pro Tem prior to the fall elections, after which, a new Speaker Pro Tem would be elected?

Decision:
Resignations, in a parliamentary sense, are a Request to be Excused from a Duty.  Until a majority accepts the resignation, it may be withdrawn by the maker.  Furthermore, resignations can be rejected, but doing that would subject that individual to the control of the Judicial Court for not complying with the duties of his/her office.

The Bylaws provide that the Speaker Pro Tem shall succeed the Speaker for any reason the office becomes vacant (AB§3-1.5).  This means the successor serves for the remainder of the term of the Speaker of the Senate and does not require election by the Association membership.

The vacancy created by such a resignation would require an election.  While AB§3-1.5 does provide the Association President the power to fill vacancies, the constitutional right for members to vote in Association general elections trumps the power of the Association President.  Further, AB§5-2.3 states that vacancies in the House and Senate shall be filled during the Fall General Elections.

Upon accepting the resignation, it is in order for the University Senate to conduct an election for a Speaker Pro Tem until the October 6 meeting.  Should postponing this election be important, the University Senate, at each meeting up until October 6, must vote to postpone this at each meeting.  Alternatively, the University Senate may adopt a Bylaw which allows for the Speaker Pro Tem to remain vacant within so many weeks or months of the election to that office.

Summary of Issue:
The Board of Elections is responsible for creating the application for the fall and spring elections.  At the instruction of the Association President, the Board included a statement in the application which effectively cancels one University Senate meeting per month to hold a meeting of the Association called “Town Hall”.  The issue before the Court is whether the President or the Speaker of the Senate can change the meeting schedule without a vote by the University Senate.

Decision:
Article IV, Section Two of the Association Constitution provides that each body of Congress shall establish their own meeting dates, times, and locations.  The Speaker may not cancel a meeting unless it’s for an emergency reason or if holding the meeting would endanger the well-being of members (AB§3-1.8).  The University Senate adopted weekly Senate meetings on Tuesdays at 8PM beginning in the new academic year.  This may not be changed without a vote of the University Senate.  The Board of Elections may not, based on instruction of any Association Official, change dates that are set by the Constitution, Bylaws, or adopted by a resolution or motion by the University Senate, University House of Representatives, or Judicial Court.

Order:
It is enacted by the Providence Campus Student Government Association as follows:
ORDERED, The Board of Elections maintain meetings scheduled by each respective body.
ORDERED, A copy of this order be sent to the Board of Elections Chairman.
ORDERED, This order takes effect immediately.

ASSOCIATION PRESIDENT
Jason L. Atkins, Jr. ‘10

SPEAKER OF THE SENATE
Geoffrey M. Long ‘11

SPEAKER OF THE HOUSE
Sara R. Christovich ‘09

CHIEF JUSTICE
Kyle M. Britto ‘09

UNIVERSITY SENATOR
Michael A. Barreto ‘11
Jack L. Burtch ‘09

UNIVERSITY REPRESENTATIVE
Desiree N. Scalavino ‘11
Thomas J. Binchko ‘11
Adam Archila ‘10
Brian Yi ‘09
Ashley R. Masterson ‘10