Acts Voided Under Judicial Council Cases | Agenda (Meeting) | United States Senate

Acts Voided Under Judicial Council Cases

Summary of Cases and Meetings, Acts, and Other Items Voided Under Cases Numbered AN-001 through AN-006
The Judicial Council of the Associated Students recently decided six cases that effectively wipe out much of the 76th Senate Session’s actions. This document will set out a brief summary of each case and the specific meetings, acts, and other acts or decisions which are void as a result of these rulings.

Summary of Cases and Actions Voided Case No. AN-001
Open Meeting Law (OML) complaint; a notice of meeting that misstates the date of the meeting by including the wrong year (2008 when the meeting was in 2009) creates a notice violation. The Senate held a meeting on April 22, 2009, but the notice and agenda for the meeting stated the meeting was for April 22, 2008. The Council said that error created a notice violation because a person seeing the date of the meeting might reasonably assume the notice was old and thus lose any opportunity to attend the meeting.

Actions Taken During April 22, 2009, Senate Meeting
According to the minutes of the meeting, the Senate adopted minutes from its April 16, 2008, meeting, again erroneously stating the year of the meeting; in fact, the Senate acted on minutes from its immediately prior meeting, April 16, 2009. The Senate, after voting to fast-track and amend, agreed to a resolution (E.R. 77-1) relative to the death of Robert Weems, founding dean of the College of Business. The Senate, after voting to fast-track and amend, agreed to a resolution (I.R. 77-__) (designation unknown) to amend Senate Rule XXII relating to a senator’s absence during the Senate Transition and Rules Training.

Effect of Council’s Ruling on Actions Taken
The Council decided against declaring the acts taken at the April 22, 2009, meeting void, despite finding an OML violation. Under ASUN law, the OML is to be applied as is directed by Regents policies and state law. NRS 241.036 and Section 3(5)(a) of Title 4, Board of Regents Handbook, Chapter 20, Part B, state actions taken in violation of the OML are void. Prudential reasons exist for the Senate to treat these acts as voided, despite the lack of an explicit judicial declaration.

Case No. AN-002
OML complaint; agenda items must satisfy clear and complete standard to give public notice what will be discussed and decided at a meeting. The Council, ruling on Petitioner’s summary judgment motion, stated that ASUN must comply with the OML’s clear and complete agenda requirement. Further, since Respondents admitted liability, Council granted Petitioner’s relief as stated in the complaint.

Actions Voided
Although the effect of the ruling is not clear given the language of the Judicial Council’s order, the procedural posture indicates that the Council granted Petitioner’s relief in full. The table below sets out the specific agenda items Petitioner claimed did not satisfy the clear and complete standard. Since Petitioner’s requested relief was granted in full, any action taken on the items is void. The source of the action voided is the minutes of the meeting, unless otherwise noted. Date and Item May 7, 2008 Item 15 Agenda Item Description S.B. 76-1: To Amend Public Law 75-7, 75-26 and 75-48 relating to the Department of Campus Diversity S.B. 76-3: Budget of the Associated Students for fiscal year 2009 S.R. 76-__ Concerning the budget cuts Revision of the budget S.B. 76-__ Funding Campus Escort S.B.76-__ Revisions to the Budget Clarissa Leon, Editor of the Artemisia—Publication’s name discussion S.B. 76-__ Revisions to the budget S.R. 76-__ Concerning the 2 No action taken on items. No action taken. Action Voided Final passage of bill

May 30, 2008 Item 15 June 27, 2008 Item 15

Presumed final passage of bill; no minutes of meeting available. The minutes indicate the item relating to Campus Escort was a resolution, and was agreed to.

July 23, 2008 Item 15 Item 19 July 30, 2008 Item 15

No final action taken No final action taken

Statewide Budget Cuts S.R. 76-__ Allowance of Alcohol in the Bar & Grill Concept August 13, 2008 Item 15 Item 16 Item 18 September 17, 2008 Item 11 Item 15 September 24, 2008 Item 15 S.B. 76-__ Revisions to the budget S.R. 76-__ Concerning the Statewide Budget Cuts S.R. 76-__ Allowance of Alcohol in the Bar & Grill Concept Item relating to vacant seats S.B. 76-__ Capital Expenditures for the ASUN Accounting Office S.B. 76-__ Capital Expenditures for the ASUN Accounting Office S.R. 76-__ Recognizing Chancellor James E. Rogers S.R. 76-__ Recognizing Chancellor James E. Rogers and his contributions to NSHE S.R. 76-__ Recommend naming the knowledge center plaza after Chancellor Rogers S.R. 76-__ Regarding the misconduct by Speaker Priscilla Acosta. S.R. 76-__ Expressing the approval of the Senate to fill the space on the third floor of the Joe Crowley Student Union with a restaurant concept. S.R. 76-__ Establishing a Select Committee on University Budget Cuts 3 No final action taken

No final action taken No final action taken No final action taken Appointed senators to fill vacancies No final action taken Passage of bill, as amended Referral to committee Recommit to Committee

October 1, 2008 Item 18

No final action taken

Resolution agreed to

No final action taken

October 8, 2008 Item 15

No final action taken

Item 18

October 15, 2008 Item 18 October 22, 2008 Item 15

S.R. 76-__ Expressing the approval of the Senate to fill the space on the third floor of the Joe Crowley Student Union with a restaurant concept. S.R. 76-__ Establishing a Select Committee on University Budget Cuts S.B. 76-__ Revisions to the ASUN Budget S.B. 76-__ Revisions to Public Law 75-51

Resolution agreed to, as amended

Resolution agreed to; no minutes of this meeting Fast-track, bill passed, as amended No final action taken No final action taken

Item 16

S.R. 76-__ Encouraging the University's and Community's involvement in recycling and proper disposal of CFLs S.R. 76-__ Recognizing Chancellor Rogers' contribution to the NSHE S.R. 76-__ Encouraging the University to enforce the same rules/regulations on outside organizations that use campus facilities S.R. 76-__ Supporting the formation of a coalition advisory board for sports and recreational student organizations within the Department of Clubs and Organizations S.B. 76-__ Revisions to Public Law 75-51 S.R. 76-__ Encouraging the University to enforce the same rules/regulations on outside organizations that use campus facilities S.R. 76-__ Supporting the 4

Item 18 October 29, 2008 Item 15

Resolution agreed to, as amended Postponed indefinitely

Item 18

Resolution agreed to

Bill passed Postponed indefinitely

November 5, 2008 Item 18

Resolution agreed to

formation of the Student Organizations as Academic Resources initiative S.R. 76-__ Supporting Senate Fundraising for the University of Nevada Marching Band S.B. 76-__ Revisions to the ASUN Budget S.B. 76-__ Expenditures from the ASUN Capital Account November 12, 2008 Item 16 S.R. 76-_ Expressing the Vote of No Confidence in the Governor of Nevada S.B. 76-__ Expenditures from the ASUN Capital Account Postponed indefinitely

Bill passed, as amended No action taken

No final action taken

Item 18 November 19, 2008 Item 18

No action indicated in minutes No minutes of meeting;

S.R. 76-__ Expressing a Vote of No Confidence in the Governor of Nevada S.B. 76-__ Revisions to the ASUN Budget S.B. 76-__ Expenditures from the ASUN Capital Account S.B. 76-__ Revise Rule XIV of the Senate Rules S. B 76-__ Amend Rule X of the Senate Rules S.B. 76-__ To Provide for the establishment of Advisory Boards by the Executive Branch S.B. 76-__ To Amend Public Law 75-7, 75-48 and 75-50 relating to the Chief Presidential Aid 5 Bill believed passed Bill believed passed Believed agreed to as a resolution Believed agreed to as a resolution Bill believed passed

December 3, 2008 Item 16

No final action taken

S.B. 76-__ To extend the date for the dissolution of Select Committee on University Budget Cuts S.R. 76-__ The Associated Students stance against a tuition increase S.R. 76-__ Supporting a $5 per student fee increase for the Counseling Center S.R. 76-__ Establishing Interim Committee S.R. 76-__ Ameliorating the Associated Students of the University of Nevada Senate's Administrative Responsibilities S.R. 76-__ Recognition of Excellent Service to the Students Item 18 S.B. 76-__ To Provide for the establishment of Advisory Boards by the Executive Branch S.B. 76-__ To Amend Public Law 75-7, 75-48 and 75-50 relating to the Chief Presidential Aid S.B. 76-__ The Judicial Act of 2008- To Amend Public Law 7517 S.B. 76-__ To Amend Public Law 75-25 Relating to ASUN Elections S.R. 76-__ Commending Mr. Daniel Morg and Fritz Bar and Grill S.B. 76-__ Amending the ASUN Senate Account, regarding the reallocation of unused funds

Bill passed

Resolution agreed to, as amended Resolution agreed to, as amended Resolution fast-tracked, agreed to, as amended No final action taken

Item 18

December 10, 2008 Item 15, Item 16

Resolution fast-tracked, agreed to, as amended Bill passed, as amended

No action indicated

Bill passed, as amended

Bill passed, as amended Resolution agreed to

January 21, 2009 Item 18

Bill passed

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S.R. 76-__ To recognize and thank the Student Orientation Staff for dedicating over 25 years of service to the University of Nevada S.R. 76-__ To Support Student Lobbying Efforts Which Promote Student Participation in the State's Political Process S.R. 76-__ Commending Wolfpack Radio For Their Outstanding Dedication to the University of Nevada

Resolution agreed to, as amended

Resolution agreed to, as amended

Resolution agreed to, as amended

January 28, 2009 Item 15 Item 16 February 4, 2009 Item 13 Item 15, Item 16

Resolution agreed to S.R. 76-__ To Recognized Judy Strauss, Students of the Fall 2008 Advanced Marketing Management Class and the University's American Marketing Association For Their Outstanding Community Service with the White Ribbon Campaign No minutes S.B. 76-__ Amending Senate Rules S.B. 76-__ Amending Public Law 75-49 Bill believed passed Bill believed passed No minutes S.B. 76-__ To Amend Public Law 75-25 Relating to ASUN Elections S.R. 76-__ Recognizing and Thanking Dean Gregory Mosier for His Dedication to the College of Business S.B. 76-__ To Amend Public Law 75-25 Relating to ASUN Elections S.R. 76-__ Encouraging Deans to Create Policies That Compel 7 No action taken Resolution believed agreed to

February 11, 2009 Item 18 February 25, 2009 Item 15, Item 16

Postponed to next meeting Postponed to next meeting

Professors to Turn in Their Textbook Requests on Time. Item 18 S.R. 76-__ Amending Senate Rule IX (b), Senate Rule IX (c) and Senate Rule C (g) changing the composition and duties of the Committee on Conduct and Appointments. S.R. 76-__ Amending Senate Rules XII S.R. 76-__ Amending Senate Rules Regarding Absences S.B. 76-__ Making Revisions to the ASUN Budget Regarding unused ASUN Office Expenses on Athletic Subsidy, Insight Magazine, Leadership Programs and the Programming Board. S.B. 76-__ Establishing a Senate Transitional Training Period S.R. 76-__ Adding Senate Rule XXII, Senate Training Appointment of Secretary of Senate S.R. 76- __ To Revise Rule XIV of the Senate Rules Renaming and Clarifying Consensus Under Section (e). S.R. 76-__ To Fix the Title of Rule III of the Senate Rules Item 16 S.R. 76-__ Encouraging Deans to Create Policies That Compel Professors to Turn in Their Textbook Requests on Time. S.R. 76-__ Appointing the Secretary of the Senate 8 Resolution agreed to, as amended

Resolution withdrawn (but subsequent enactment found) Resolution not agreed to, thus no final action Bill passed

Bill passed, as amended Resolution agreed to, as amended Resolution agreed to Postponed to next meeting

March 4, 2009 Item 10, Item 11 Item 15

Postponed to next week Resolution fast-tracked, agreed to, as amended

Resolution agreed to

March 11, 2009 Item 15 Item 18

S.B. 76-__ Amending Public Law 75-38 S.R. 76-__ To Revise Rule XIV of the Senate Rules Renaming and Clarifying Consensus under Section (e) S.R. 76-__ To Fix the Title of Rule III of the Senate Rules Expressed Res. 76-1 Recognizing Dr. David Thawley, DVM and Looking Forward to His Return to the Campus S.B. 76-_ Amendments to the ASUN budget, regarding reallocation of monies to the Leadership Conference.

No final action taken Resolution agreed to, as amended

Resolution agreed to Resolution fast-tracked, agreed to, as amended

March 25, 2009 Item 16

Bill fast-tracked, passed, as amended

Item 18

S.J.R. 76-1 Call to Action the Citizens of Nevada to Save Higher Education and With It the Future of the State S.B. 76-_ Amending Public Law 75-38

Resolution agreed to

April 1, 2009 Item 15, Item 16 April 8, 2009 Item 15, Item 16

Bill fast-tracked, passed, as amended No minutes

S.B. 76-__ Establishing the SOAR Program to provide free and supplemental tutoring for Nevada’s students E.R. 76-2 To Issue and apology to Pi Kappa Phi Fraternity on behalf of the Associated Students E.R. 76-3 Recognizing Samuel Owens for his selfless and tireless dedication to the University of Nevada and ASUN S.B. 76-__ To Amend Public Law 9

Bill passed

Resolution agreed to

Resolution agreed to

Bill passed

75-7, relating to the duties of the Vice President S.B. 76-__ To eliminate the office of the Attorney General and allow for changes and allocations of duties B.R. 76-1: To Amend Senate Rule II, regarding office hours S.B. 76-__ To make revisions to the ASUN Budget, regarding Diversity Initiatives E.R. 76-6 Forgiving Fred Phelps, the Westboro Baptist Church of Topeka, Kansas, and any related entities E.R. 76-7 Calling action against Darfur and genocides worldwide S.B. 76-__ To provide for the appointments of the Director of Programming, the Director of Clubs and Organizations, and the Presidential Assistant on Public and Campus Relations, the Commission on Elections, the Judicial Council, and Flipside Productions Item 18 Rejected

Resolution agreed to Bill passed

No record of resolution

Resolution agreed to Rejected

No record of resolution E.R 76-4 Urging the Reno City Council to install street lights and flashing crosswalks in and around the University of Nevada campus S.B. 76-__ To make revisions to the ASUN Budget, regarding the reallocation of monies from student fees S.B. 76-__ To set Senate compensation Bill passed

Rejected

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April 15, 2009 (77th Session) Item 6(b) Item 7 April 22, 2009 Item 15, Item 16

(Incomplete agenda statement) Incorrect agenda statement: Appointment of officers E.R. 77-1 To express the condolences of the Associated Students concerning the death of Robert Weems, the founding dean of the College of Business at the University of Nevada, Reno. I.R. 77- To amend Senate Rule XXII, relating to a senator's absence during the ASUN Senate Transition and Rules Training. S.B. 77- To eliminate the Office of the Attorney General and allow for changes and allocations of duties to Archivist and ASUN Legal Services. Vacant Senate Seats E.R. 77-2 : The Associated Students of the University of Nevada are opposed to the revisions for Millennium Scholarship qualifications as proposed in Assembly Bill No. 158. S.B. 77-1: Expanding the duties of the Presidential Assistant on Campus and Public Relations.

No relevant effect Election of Secretary of the Senate Resolution fast-tracked, agreed to, as amended

Resolution fast-tracked, agreed to, as amended

April 29, 2009 Item 15, Item 16

Minutes indicate no action

May 6, 2009 Item 11 Item 18

Appointment made Resolution agreed to, as amended

Postponed indefinitely

Case No. AN-003
ASUN law complaint; bills certified as properly enrolled, evincing the bill passed the Senate in the form presented in the enrolled bill, by a secretary who was appointed after the bills passed the Senate were fraudulently certified.

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The Secretary of the Senate enrolled and certified bills predating her appointment. The Council held that this was a fraudulent act and invalidated the enactments. The table below sets out the specific laws that were invalidated as a result of this case. ASUN Public Law No. 76-1 76-2 76-3 76-4 76-5 76-6 76-7 Description To amend Public Law 75-7, 75-26, and 75-48 relating to the Department of Campus Diversity. The Approval of the Club Support Funding Policies To make revisions to the ASUN Budget (SB 76-1) in accordance with the rollover monies received from the previous fiscal year. To authorize certain expenditures from the Capital Account for the ASUN Accounting Office. To Revise ASUN Public Law 75-51. To Amend Senate Rules. To Revise Rule XIV of the senate rules to; clearly define the purpose of a Resolution under section (d), to add and define the legislation of consensus section (e), and to designate Legislative Expiration to section (f). To Revise Rule XIV of the senate rules to; clearly define the purpose of a Resolution under section (d), to add and define the legislation of consensus section (e), and to designate Legislative Expiration to section (f). To make revisions to the ASUN budget. To Revise ASUN Public Law 75-49. To make revisions to the ASUN budget. To extend the date for dissolution of the Select Committee on University Budget Cuts. To provide for the establishment of advisory boards by the Executive Branch. To replace the Judicial Act of 2007 with the Judicial Act of 2008. To Revise ASUN Public Law 75-49. To amend the ASUN Senate account, regarding the reallocation of unused funds. To Revise the ASUN Election Code. To make revisions to the ASUN budget. To establish a Senate transitional training period.

76-8

76-9 76-10 76-11 76-12 76-13 76-14 76-15 76-16 76-17 76-18 76-19

Case No. AN-004
OML complaint; written minutes of meeting must comply with OML standard that the substance of all matters proposed, discussed, or decided are included. 12

Council declined to invalidate actions from April 15, 2009, meeting, which was the only case the complaint alleged specific violations.

Case No. AN-005
OML complaint; minutes must be produced within 30 working days of a meeting. The Judicial Council voided the meetings and all actions took at several meetings if the minutes did not exist as of the date of the ruling. The table below sets out the meetings voided and the actions taken, or believed to be taken, at the meeting. Meetings Voided May 30, 2008 June 13, 2008 October 15, 2008 January 28, 2009 Actions at Meeting S.B. 76-3: Budget of the Associated Students for fiscal year 2009. No actions believed taken. S.R. 76-__ Establishing a Select Committee on University Budget Cuts; resolution agreed to Resolution making changes to committee membership S.B. 76-__ Amending Senate Rules; bill passed; assigned ASUN Public Law No. 76-7 S.B. 76-__ Amending Public Law 75-49; bill passed; assigned ASUN Public Law No. 76-10 February 4, 2009 S.B. 76-__ To Amend Public Law 75-25 Relating to ASUN Elections; no action taken S.R. 76-__ Recognizing and Thanking Dean Gregory Mosier for His Dedication to the College of Business; resolution believed agreed to April 8, 2009 S.B. 76-__ Establishing the SOAR Program to provide free and supplemental tutoring for Nevada’s students; bill passed; assigned ASUN Public Law No. 7623 E.R. 76-2 To Issue and apology to Pi Kappa Phi Fraternity on behalf of the Associated Students; resolution agreed to E.R. 76-3 Recognizing Samuel Owens for his selfless and tireless dedication to the University of Nevada and ASUN; resolution agreed to S.B. 76-__ To Amend Public Law 75-7, relating to the duties of the Vice President; bill passed; assigned ASUN Public Law No. 76-24 B.R. 76-1: To Amend Senate Rule II, regarding office hours; resolution agreed to S.B. 76-__ To make revisions to the ASUN Budget, regarding Diversity Initiatives; bill passed; assigned ASUN Public Law No. 76-25

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E.R. 76-7 Calling action against Darfur and genocides worldwide; resolution agreed to S.B. 76-__ To make revisions to the ASUN Budget, regarding the reallocation of monies from student fees; bill passed; assigned ASUN Public Law No. 76-26

Case No. AN-006
ASUN law and OML complaint challenging on numerous grounds the legitimacy of ASUN spending for fiscal year 2009. Minutes not produced within 30 working days of a meeting creates a void meeting; audio recordings must be produced within 30 days of a meeting, and when not produced creates a void meeting; meeting held when notice and agenda was not posted in enough locations is void; agenda that does not list the location and place of a meeting with particular clarity creates a void meeting; when acts creating evidence of essential steps in the legislative process are omitted, proof of valid enactment cannot be verified; enactment of a budget by itself does not create a constitutionally recognized appropriation; successive amendments to a budget or appropriation are void in and of themselves when the base enactment is void; spending without lawful authorization is illegal; promulgation of a bill, within a reasonable time of enactment, is required. The Council decided since Defendants in this action did not dispute the complaint, Plaintiff was entitled to the relief requested in the complaint. All enactments related to the ASUN budget for fiscal year 2009 are void. As a result of this case, ASUN Public Law Nos. 76-3, 76-9, 76-11, 76-11, 76-18, 76-20, 76-22, 76-25, and 76-26 are void because a proper budget and appropriations bill was never legally enacted.

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