1 Corinna Cohn

cohnc@unr.nevada.edu
2

5 IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS

7 CORINNA COHN (for herself and members ) Case No.: AN-005

)
8 of the Association collectively), ) COMPLAINT FOR DECLARATORY AND
) INJUNCTIVE RELIEF
9 Petitioner, )
) VIOLATIONS OF SECTION 7 of ASUN
10 vs. ) PUBLIC LAW 75–51 and NRS 241.035(1)-(2)
) (Missing minutes)
11 PRISCILLA ACOSTA (in her official capacity)
)
12 as Speaker of the 76th Senate of the )
)
13 Associated Students), GRACIE GEREMIA, )
)
14 (in her official capacity as Speaker of the 77th )
)
15 Senate of the Associated Students, )
)
16 ALEJANDRA REYES (in her official capacity)
)
17 as Secretary of the Senate), SENATE OF THE )
)
18 ASSOCIATED STUDENTS, )
)
19 Respondents )
)
20

21 Petitioner complains and alleges as follows:

22 JURISDICTION AND VENUE

23 Jurisdiction in the Judicial Council of the Associated Students is proper under Article

24 IV, section 4 of the Constitution of the Associated Students. The Judicial Council is the sole

25 judicial body of the Associated Students.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 GENERAL ALLEGATIONS

2 The Parties

3 At all times relevant to this complaint:

4 1. Petitioner is a member of the Associated Students of the University of

5 Nevada, within the meaning of Art. I, sec. 1(a) of the Constitution of the Associated

6 Students.

7 2. Priscilla Acosta was the duly elected Speaker of the Senate of the Associated

8 Students at the Seventy-Sixth Session. She was the presiding officer of the Senate and its

9 elected leader. Her term ended at midnight on April 15, 2009.

10 3. Gracie Geremia is the duly elected Speaker of the Senate of the Associated

11 Students at the Seventy-Seventh Session. She is the presiding officer of the Senate and its

12 elected leader. She took office on April 15, 2009.

13 4. Alejandra Reyes is the Secretary of the Senate.

14 5. The Senate of the Associated Students is the legislative branch of the

15 Associated Students, established under Article II of the ASUN Constitution. The Senate is

16 sued in its collective capacity because it has an obligation to ensure it is adhering to proper

17 process in conducting its business.

18 Background Information

19 6. The public bodies of the Associated Students are subject to the provisions of

20 the Open Meeting Law (Chapter 241 of the Nevada Revised Statutes (NRS)). NRS 241.038

21 states “The Board of Regents of the University of Nevada shall establish for the student

22 governments within the Nevada System of Higher Education requirements equivalent to

23 those of this chapter and shall provide for their enforcement.” In carrying out its statutory

24 obligation, the Board of Regents adopted regulations governing the meetings of student

25 governments, carried at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Specifically, the policy states, after setting out a recital that the policy is enacted pursuant to

2 NRS 241.038 and applies to each student government recognized by the Board of Regents,

3 that “[t]he meetings of any multi-member…legislative body…of a student government shall

4 be held in accordance with the provisions of the Nevada Open Meeting Law, Chapter 241 of

5 the Nevada Revised Statutes, as amended.”

6 7. The Board of Regents’ recognition of the Associated Students, as established

7 under its Constitution, is evidenced by the publication of the ASUN Constitution at Chapter

8 16 of Title 5, Board of Regents Handbook. It is without dispute that ASUN is recognized by

9 the Regents. (The Board of Regents has subsequently changed its policy on how constitutions

10 of student governments get approved. Approval of the Board is no longer required. Thus,

11 publication at Title 5 of the Handbook might no longer be competent evidence of institutional

12 recognition of a student government.)

13 8. The Senate of the Associated Students is a multi-member legislative body of

14 the ASUN. Article II of the ASUN Constitution establishes and provides for the legislative

15 branch of the Association. “The legislative power of the Association shall be vested in a

16 Senate of the Associated Students” (Art. II, sec. 1). Further, the Senate is composed of 22

17 members (ASUN Const. Art. II, sec. 1(a)). Therefore, the Senate meets the definition of

18 being a multi-member legislative body of a student government.

19 9. For the purposes of this complaint, the provisions of the Nevada Open

20 Meeting Law (OML) are made directly actionable under the judicial power of the Associated

21 Students by virtue of section 7 of the ASUN Public Records, Transparency, and

22 Accountability Act of 2008 (ASUN Public Law 75 – 51; 75 ASUN Stat. 131), which

23 generally provides that the secretary of a public body shall take minutes “as required by law”

24 (section 7(c)(1)).

25 10. NRS 241.035(1) requires that public bodies “keep written minutes of each of

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 its meeting.” The law states that the minutes of a meeting must be made available for public

2 inspection within 30 working days after the meeting took place (NRS 241.035(2).

3 Facts of the Case

4 11. According to a list prepared by the Archivist of the Associated Students

5 (attached), written minutes of the Senate of the Associated Students are not available for the

6 following meetings: May 30, 2008, June 13, 2008, June 25, 2008, July 23, 2008, October 8,

7 2008, October 15, 2008, January 29, 2009, February 4, 2009, February 11, 2009, March 11,

8 2009, and March 25, 2009. Petitioner further believes that written minutes are not available

9 for April 8, 2009.

10 First Cause of Action

11 Declaratory Relief

12 Violation of Section 7 of ASUN Public Law 75 – 51, NRS 241.035(1)-(2)

13 12. Petitioner repeats and realleges each and every allegation contained within

14 paragraphs 1 through 11 as though fully incorporated herein.

15 13. NRS 241.035(1) requires public bodies to keep written minutes of its

16 proceedings. NRS 241.035(2) requires that the minutes be produced within 30 working days

17 after a meeting took place.

18 14. The Nevada Attorney General has opined that failing to produce minutes for

19 months on end “is indefensible and a gross violation of” the Open Meeting Law (OMLO

20 2002-37).

21 15. The Council should give weight to the Nevada Attorney General’s opinion

22 because the Open Meeting Law is the same for state and local entities as it is for the ASUN

23 Senate. The provisions of the law do not change for ASUN, as they were made specifically

24 applicable to ASUN by both the Regents and ASUN.

25 ///

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 Second Cause of Action

2 Injunctive Relief

3 Arising out of First Cause of Action

4 16. Petitioner repeats and realleges each and every allegation contained within

5 paragraphs 1 through 15 as though fully incorporated herein.

6 17. The Council should enjoin the Senate from engaging in further violations of

7 the Open Meeting Law by not preparing minutes of its meetings as required by law.

8 Third Cause of Action

9 Declaratory Relief

10 Declaring Null and Void Certain Acts

11 18. Petitioner repeats and realleges each and every allegation contained within

12 paragraphs 1 through 17 as though fully incorporated herein.

13 19. Assuming the Council grants the relief granted in the First Cause of Action,

14 the Council should also declare void the acts had and decisions made during the meetings

15 declared to have been held in violation of the Open Meeting Law. NRS 241.036 states “[t]he

16 action of any public body taken in violation of any provision of this chapter is void.”

17 Accordingly, if the Council finds that violations occurred, it has no choice but to declare

18 them void. Although Petitioner is aware that NRS 241.037(3) contains a statute of limitations

19 on when a person can bring a complaint seeking declaratory and injunctive relief to seek

20 compliance with the OML or to have actions declared void, NRS 241.038 states that the

21 Board of Regents is to establish the regulations governing student governments and is to

22 “provide for their enforcement.” The parallel provision at the Regents level to NRS 241.036

23 is at Title 4, Board of Regents Handbook, Chapter 20, Part B, section 3(5)(a): “Violations of

24 this section shall be treated as follows: a. Any action taken in violation of the provisions of

25 this section is void.” Because ASUN has enacted its own legislation stating that its officials,

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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 1 in the ASUN context, are to comply with the law, the provisions of the OML as applied on

2 ASUN by the Regents is enforceable in this Council under the constitutional judicial power

3 of the Associated Students.

4 20. Further, the Regents did not institute a statute of limitations on enforcement

5 complaints, nor did ASUN.

6 WHEREFORE, Petitioner prays for judgment against Respondents as follows:

7 1. For a declaration that Respondents’ actions constitute a violation of the laws

8 and regulations cited herein.

9 2. For an order enjoining Respondents from engaging in further violations of the

10 laws and regulations cited herein

11 3. For a declaration that actions take in violation of the laws and regulations

12 cited herein are void.

13 4. For such other relief as the Council deems just and proper.

14 Dated this _____ day of __________________, 2009.

15
____________________________
16 Corinna Cohn
cohnc@unr.nevada.edu
17 Petitioner

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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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