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ASUN Judicial Council Complaint AN-006

ASUN Judicial Council Complaint AN-006

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Published by Vis Lupi Est Grex
Complaint filed in the ASUN Judicial Council Dated May 8, 2009 seeking to invalidate the budget of the ASUN for FY 2009
Complaint filed in the ASUN Judicial Council Dated May 8, 2009 seeking to invalidate the budget of the ASUN for FY 2009

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Published by: Vis Lupi Est Grex on May 15, 2009
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05/11/2014

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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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12345678910111213141516171819202122232425Corinna Cohncohnc@unr.nevada.edu
IN THE JUDICIAL COUNCIL OF THE ASSOCIATED STUDENTS
CORINNA COHN (for herself and themembers of the Association collectively)Petitioner,vs.ASSOCIATED STUDENTS OF THEUNIVERSITY OF NEVADA, ELI REILLY(in his official capacity as President of theAssociated Students), PRISCILLA ACOSTA(in her official capacity as Speaker of the 76thSenate of the Associated Students), GRACIEGEREMIA (in her official capacity as Speakerof the 77th Senate), ALEJANDRA REYES (inher official capacity as Secretary of the Senateof the Associated Students), CAITLIN GUNN(in her official capacity as Secretary of theSenate), JENNY McMENOMY (in her officialcapacity as Archivist of the AssociatedStudents), SENATE OF THE ASSOCIATEDSTUDENTS,Respondents))))))))))))))))))))))))))))Case No.: AN-006OPEN MEETING LAW COMPLAINT FORDECLARATORY RELIEF AND VOIDEDACTION AND TO COMPEL COMPLIANCEWITH THE OPEN MEETING LAW(INJUNCTIVE RELIEF) AND COMPLAINTFOR DECLARATORY AND INJUNCTIVERELIEFPetitioner complains and alleges as follows:
PRELIMINARY STATEMENT
This complaint is being brought under the Judicial Rules of Procedure as enacted byASUN Public Law 75–17, as amended by ASUN Public Law 75–56. This complaint alleges,
 
 
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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12345678910111213141516171819202122232425in part, that certain bills passed by the Senate were never properly enacted into law, includinga bill making amendments to the Judicial Rules of Procedure. Therefore, this complaint isbeing brought under the rules as they stood at the end of the 75th Session of the Senate.
JURISDICTION AND VENUE
Jurisdiction in the Judicial Council of the Associated Students is proper under ArticleIV, section 4 of the Constitution of the Associated Students. The Judicial Council is the sole judicial body of the Associated Students.
GENERAL ALLEGATIONSThe Parties
1.
 
Petitioner is, and at all times relevant to this complaint was, a member of theAssociated Students of the University of Nevada, within the meaning of Art. I, sec. 1(a) of the Constitution of the Associated Students.2.
 
Eli Reilly is, and at all times relevant to this complaint was, the President of the Associated Students.3.
 
Priscilla Acosta was the Speaker of the Senate of the Associated Students atits 76th Session.4.
 
Gracie Geremia is the Speaker of the Senate of the Associated Students at its77th Session.5.
 
Alejandra Reyes is the Secretary of the Senate of the Associated Students. Shewas appointed on March 4, 2009.6.
 
Caitlin Gunn was Secretary of the Senate from April 16, 2008, to October 13,2008.7.
 
Jenny McMenomy is the Archivist of the Associated Students.8.
 
The Senate of the Associated Students is the legislative branch of theAssociated Students, established under Article II of the ASUN Constitution. It is the sole
 
 
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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12345678910111213141516171819202122232425lawmaking branch of ASUN.
Factual Allegations
9.
 
Petitioner repeats and realleges each and every allegation contained withinparagraphs 1 through 8 as though fully incorporated herein.10.
 
On April 16, 2008, the 76th Session of the Senate convened, pursuant toArticle I, section 1(c) of the ASUN Constitution.11.
 
During that meeting, Respondent Acosta was elected Speaker of the Senateand Respondent Gunn was elected Secretary of the Senate.12.
 
On April 16, 2008, at or about 6:00 p.m., Eli Reilly was sworn in as Presidentof the Associated Students for his first term as President.13.
 
At a time subsequent to being sworn in, the President submitted his proposedbudget, in compliance with his obligations under the Constitution (“The President shallsubmit a proposed budget to the Senate” (ASUN Const., Article III, section 2(e)).).14.
 
Thereafter, on May 2, 2008, the Senate began consideration of the President’sproposed budget through its Budget and Finance Committee. The minutes of the Committeeof that date show that no action was taken on the budget.
 
15.
 
The Committee met on May 14, 2008, to continue consideration of the budget,according to the agenda of the meeting. There is no audio record or minutes posted on theWeb site of the Associated Students for that meeting as of the time of filing of this complaint.
 
16.
 
The Senate’s agenda for May 30, 2008, shows that “S.B. 76-3: Budget of theAssociated Students in Schedule A for the 2008-09 fiscal year” was up for first reading.Given that evidence, the budget was presumably reported from the Budget and FinanceCommittee at its May 14 meeting.17.
 
The provisions of the Nevada Open Meeting Law (Chapter 241 of NRS) andthe Nevada Public Records Act (Chapter 239 of NRS) are actionable in the Judicial Council

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