[2136] in UA Exec
Judicial Board Decision Notification
daemon@ATHENA.MIT.EDU (John W Halloran)
Fri Mar 6 02:19:05 2015
Resent-From: ua-exec@mit.edu
From: John W Halloran <halloran@mit.edu>
To: ua-exec <ua-exec@mit.edu>, ua-council <ua-council@mit.edu>,
ua-elect
<ua-elect@mit.edu>
CC: Moriel W Levy <moriel@mit.edu>
Date: Fri, 6 Mar 2015 07:17:46 +0000
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To the UA Council, Exec, and Election Commission:
The Judicial Board is charged with interpreting the governing documents =
of the UA in the event of a dispute or complaint (Constitution, Article =
2, Section C, Part 2). On March 4th the Judicial Board received a =
number of complaints from a single member of the Association. We have =
reviewed those complaints we deemed to have merit and issue our =
decisions below. These complaints concern: (1) the Secretary not =
posting meeting minutes in a timely manner; (2) The UA President and =
Vice President carrying out the duties of the Election Commissioner =
prior to a new Election Commissioner being approved by Council; and (3) =
the compressed Spring Election Schedule. =20
(1)
It has come to the attention of the Judicial Board that the meeting =
minutes of the UA Council have not been made publicly available in a =
timely manner. The Judicial Board therefore requests that this =
deficiency be remedied and that all minutes of past meetings be made =
available at once. The Secretary should update these regularly going =
forward according to the duties outlined in the Constitution for =
=E2=80=9Censuring the timely recording and disbursing of UA Council =
minutes and notices.=E2=80=9D (Constitution, Article II, Section B, Part =
8).
(2)
It has come to the attention of the Judicial Board that the President =
and Vice President notified the undergraduate population of the start of =
the election process for the Spring Election.
The Election Commission is =E2=80=9Cresponsible for the execution and =
primary interpretation of the [Election] Code=E2=80=9D (Election Code, =
Article II, Section B). The Election Code contains the requirement for =
an announcement of the Spring Election (Election Code, Article IV, =
Section B) and it is therefore the duty of the Election Commision to =
carry this out. It is not the responsibility of the President or the =
Vice President or any other UA member to send out this notification.
We interpret the regular appointment method of the Election Commision - =
performed by the outgoing President - as intended to maintain the =
independence of the Commission from the current UA Administration as =
well as protect the integrity of the election process (Election Code, =
Article II, Section A, Part 1). For this reason, it is constitutionally =
inappropriate for anyone other than the Election Commissioner to execute =
and interpret the Election Code pursuant to (Election Code, Article II, =
Section B, Part 1).
(3)
A portion of the complaint we received also pertains to the timely =
announcement of the spring election as well as the compressed schedule =
for petitions and campaigning. =20
A prior Judicial Board decision issued in December ruled that the =
Election Commissioner should have announced the Spring Election prior to =
the last Fall meeting of the Council. The decision required that the =
Commission announce the Spring Election no later than January 26th. The =
decision was sent to both the Election Commissioner and the Secretary.
The Election Commissioner resigned at the end of February and had not =
announced the election prior to the resignation.
The announcement of the Spring Election took place on Monday, March 2nd. =
The meeting with interested candidates was set to take place on =
Tuesday, March 3rd. At the meeting candidates were informed that =
petitions would be due at the end of the same week. These announcements =
were made by the President rather than an approved Election =
Commissioner. The Election Commissioner was not approved until the =
March 4th meeting.
In its March 4th meeting, the Council voted on a proposal from the =
President to adopt a revised Spring Election schedule. As it now =
stands, the revised schedule stipulates that voting will begin on =
Wednesday, March 18th and end on Sunday, March 22nd. =20
Unfortunately, upon review of the currently adopted timeline, we find =
that the timeline violates the spirit of the Election Code. The =
Election Code requires that the petition signature gathering period last =
for no less than two weeks (Article 4, Section B, Part 4). =
Additionally, Spring Elections are not allowed to occur less than four =
weeks after petitions are made available (Article 4, Section B, Part 5). =
We understand that the President recommended the current schedule to =
the Council in order to operate elections prior to spring break (Article =
4, Section B, Part 2), but the Council retains the power to change the =
Spring Election schedule by a three-fourths vote to avoid that issue =
(Article 4, Section B, Part 3).
We believe that the circumstance of a resigned Election Commissioner =
does not allow the Council to violate the required two week petition =
period nor infringe upon the minimum required two weeks for campaigning, =
referenced above. After being called upon for review, the Board is =
entitled to reverse votes of the Council if they are deemed to violate =
the spirit of the governing documents of the UA (Constitution, Article =
2, Section C, Part 4, Subsection A). We elect to exercise this power to =
strike down the current Spring Election schedule.
We have decided that the Spring Elections must comply with the following =
schedule:
Petitions must be due no earlier Monday, March 16th
Voting cannot occur prior to the week beginning Monday, April 6th
We selected March 16th in order to fulfill the two week requirement for =
the petition period, using Monday, March 2nd as the start of the period.
We selected April 6th as the earliest possible voting period because the =
week of Spring Break would interrupt the required minimum two week, =
campaign period. We believe that the purpose of the requirement that =
elections occur prior to Spring Break (Article 4, Section B, Part 2) is =
meant to prevent such a disruption.
We do not presume to possess the power to set the Spring Election =
ourselves, but merely apply the constitutional rationale of our decision =
to set the earliest possible dates when these events may occur. The =
Council reserves the right to change the Spring Election schedule by a =
three-fourths vote, but if it chooses to do so, its actions must comply =
with the dates proposed above. In the absence of a Council vote, the =
Election Commissioner should default to the above dates. We request =
that the Election Commissioner notify the student body of the new =
petition due date and voting period immediately. =20
Judicial Board decisions are binding and may not be overturned by a veto =
of the President (Constitution, Article 2, Section C, Part 4, Subsection =
B). =20
Unanimously decided,
Chair: John Halloran
Member: Moriel Levy=20
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<html><head><meta http-equiv=3D"Content-Type" content=3D"text/html =
charset=3Dutf-8"></head><body style=3D"word-wrap: break-word; =
-webkit-nbsp-mode: space; -webkit-line-break: after-white-space;" =
class=3D""><span =
id=3D"docs-internal-guid-efe19428-ede7-fadd-76bd-a76f522670d5" =
class=3D""><div style=3D"line-height: 1.38; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">To the UA Council, Exec, and Election =
Commission:</span></div><br class=3D""><div style=3D"line-height: 1.656; =
margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span style=3D"font-size:=
15px; font-family: Arial; vertical-align: baseline; white-space: =
pre-wrap;" class=3D"">The Judicial Board is charged with interpreting =
the governing documents of the UA in the event of a dispute or complaint =
(Constitution, Article 2, Section C, Part 2). On March 4th the =
Judicial Board received a number of complaints from a single member of =
the Association. We have reviewed those complaints we deemed =
to have merit and issue our decisions below. These complaints =
concern: (1) the Secretary not posting meeting minutes in a timely =
manner; (2) The UA President and Vice President carrying out the duties =
of the Election Commissioner prior to a new Election Commissioner being =
approved by Council; and (3) the compressed Spring Election Schedule. =
</span></div><div style=3D"line-height: 1.656; margin-top: =
0pt; margin-bottom: 0pt;" class=3D""><br class=3D""></div><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
font-weight: bold; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">(1)</span></div><br class=3D""><div style=3D"line-height: =
1.656; margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">It has come to the attention of the =
Judicial Board that the meeting minutes of the UA Council have not been =
made publicly available in a timely manner. The Judicial Board therefore =
requests that this deficiency be remedied and that all minutes of past =
meetings be made available at once. The Secretary should update =
these regularly going forward according to the duties outlined in the =
Constitution for =E2=80=9Censuring the timely recording and disbursing =
of UA Council minutes and notices.=E2=80=9D (Constitution, Article II, =
Section B, Part 8).</span></div><div class=3D""><span class=3D""><br =
class=3D""></span></div><div class=3D""><div style=3D"line-height: =
1.656; margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; font-weight: bold; =
vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">(2)</span></div><br class=3D""><div style=3D"line-height: =
1.656; margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">It has come to the attention of the =
Judicial Board that the President and Vice President notified the =
undergraduate population of the start of the election process for the =
Spring Election.</span></div><br class=3D""><div style=3D"line-height: =
1.656; margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">The Election Commission is =
=E2=80=9Cresponsible for the execution and primary interpretation of the =
[Election] Code=E2=80=9D (Election Code, Article II, Section B). The =
Election Code contains the requirement for an announcement of the Spring =
Election (Election Code, Article IV, Section B) and it is therefore the =
duty of the Election Commision to carry this out. It is not the =
responsibility of the President or the Vice President or any other UA =
member to send out this notification.</span></div><br class=3D""><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D"">We =
interpret the regular appointment method of the Election Commision - =
performed by the outgoing President - as intended to maintain the =
independence of the Commission from the current UA Administration as =
well as protect the integrity of the election process (Election Code, =
Article II, Section A, Part 1). For this reason, it is =
constitutionally inappropriate for anyone other than the Election =
Commissioner to execute and interpret the Election Code pursuant to =
(Election Code, Article II, Section B, Part 1).</span></div></div><br =
class=3D""><div style=3D"line-height: 1.656; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; font-weight: bold; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">(3)</span></div><br class=3D""><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D"">A portion =
of the complaint we received also pertains to the timely announcement of =
the spring election as well as the compressed schedule for petitions and =
campaigning. </span><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D""><br class=3D"kix-line-break"><br =
class=3D"kix-line-break"></span></div><div style=3D"line-height: 1.656; =
margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span style=3D"font-size:=
15px; font-family: Arial; vertical-align: baseline; white-space: =
pre-wrap;" class=3D"">A prior Judicial Board decision issued in December =
ruled that the Election Commissioner should have announced the Spring =
Election prior to the last Fall meeting of the Council. The =
decision required that the Commission announce the Spring Election no =
later than January 26th. The decision was sent to both the =
Election Commissioner and the Secretary.</span></div><br class=3D""><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D"">The =
Election Commissioner resigned at the end of February and had not =
announced the election prior to the resignation.</span></div><br =
class=3D""><div style=3D"line-height: 1.656; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">The announcement of the Spring Election took place on Monday, =
March 2nd. The meeting with interested candidates was set to take =
place on Tuesday, March 3rd. At the meeting candidates were =
informed that petitions would be due at the end of the same week. =
These announcements were made by the President rather than an =
approved Election Commissioner. The Election Commissioner was not =
approved until the March 4th meeting.</span></div><br class=3D""><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D"">In its =
March 4th meeting, the Council voted on a proposal from the President to =
adopt a revised Spring Election schedule. As it now stands, =
the revised schedule stipulates that voting will begin on Wednesday, =
March 18th and end on Sunday, March 22nd. </span></div><br =
class=3D""><div style=3D"line-height: 1.656; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">Unfortunately, upon review of the currently adopted timeline, =
we find that the timeline violates the spirit of the Election Code. =
The Election Code requires that the petition signature =
gathering period last for no less than two weeks (Article 4, Section B, =
Part 4). Additionally, Spring Elections are not allowed to occur =
less than four weeks after petitions are made available (Article 4, =
Section B, Part 5). We understand that the President recommended =
the current schedule to the Council in order to operate elections prior =
to spring break (Article 4, Section B, Part 2), but the Council retains =
the power to change the Spring Election schedule by a three-fourths vote =
to avoid that issue (Article 4, Section B, Part 3).</span></div><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D""><br =
class=3D"kix-line-break"></span><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">We believe that the circumstance of a resigned Election =
Commissioner does not allow the Council to violate the required two week =
petition period nor infringe upon the minimum required two weeks for =
campaigning, referenced above. After being called upon for =
review, the Board is entitled to reverse votes of the Council if they =
are deemed to violate the spirit of the governing documents of the UA =
(Constitution, Article 2, Section C, Part 4, Subsection A). We =
elect to exercise this power to strike down the current Spring Election =
schedule.</span></div><div style=3D"line-height: 1.656; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D""><br class=3D"kix-line-break"></span><span style=3D"font-size: =
15px; font-family: Arial; vertical-align: baseline; white-space: =
pre-wrap;" class=3D"">We have decided that the Spring Elections must =
comply with the following schedule:</span></div><br class=3D""><ol =
style=3D"margin-top:0pt;margin-bottom:0pt;" class=3D""><li dir=3D"ltr" =
style=3D"list-style-type: decimal; font-size: 15px; font-family: Arial; =
vertical-align: baseline;" class=3D""><div style=3D"line-height: 1.656; =
margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">Petitions must be due no earlier Monday, March =
16th</span></div></li><li dir=3D"ltr" style=3D"list-style-type: decimal; =
font-size: 15px; font-family: Arial; vertical-align: baseline;" =
class=3D""><div style=3D"line-height: 1.656; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">Voting cannot occur prior to the week =
beginning Monday, April 6th</span></div></li></ol><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D""><br =
class=3D"kix-line-break"></span><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">We selected March 16th in order to fulfill the two week =
requirement for the petition period, using Monday, March 2nd as the =
start of the period.</span></div><div style=3D"line-height: 1.656; =
margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span style=3D"font-size:=
15px; font-family: Arial; vertical-align: baseline; white-space: =
pre-wrap;" class=3D""><br class=3D"kix-line-break"></span><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">We selected April 6th as the earliest =
possible voting period because the week of Spring Break would interrupt =
the required minimum two week, campaign period. We believe that =
the purpose of the requirement that elections occur prior to Spring =
Break (Article 4, Section B, Part 2) is meant to prevent such a =
disruption.</span></div><div style=3D"line-height: 1.656; margin-top: =
0pt; margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D""><br class=3D"kix-line-break"></span><span style=3D"font-size: =
15px; font-family: Arial; vertical-align: baseline; white-space: =
pre-wrap;" class=3D"">We do not presume to possess the power to set the =
Spring Election ourselves, but merely apply the constitutional rationale =
of our decision to set the earliest possible dates when these events may =
occur. The Council reserves the right to change the Spring =
Election schedule by a three-fourths vote, but if it chooses to do so, =
its actions must comply with the dates proposed above. In the =
absence of a Council vote, the Election Commissioner should default to =
the above dates. We request that the Election Commissioner notify =
the student body of the new petition due date and voting period =
immediately. </span></div><br class=3D""><div style=3D"line-height: =
1.656; margin-top: 0pt; margin-bottom: 0pt;" class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D"">Judicial Board decisions are binding =
and may not be overturned by a veto of the President (Constitution, =
Article 2, Section C, Part 4, Subsection B). </span></div><br =
class=3D""><br class=3D""><div style=3D"line-height: 1.656; margin-top: =
0pt; margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">Unanimously decided,</span></div><br class=3D""><div =
style=3D"line-height: 1.656; margin-top: 0pt; margin-bottom: 0pt;" =
class=3D""><span style=3D"font-size: 15px; font-family: Arial; =
vertical-align: baseline; white-space: pre-wrap;" class=3D"">Chair: John =
Halloran</span></div><div style=3D"line-height: 1.38; margin-top: 0pt; =
margin-bottom: 0pt;" class=3D""><span style=3D"font-size: 15px; =
font-family: Arial; vertical-align: baseline; white-space: pre-wrap;" =
class=3D"">Member: Moriel Levy </span></div><div class=3D""><span =
style=3D"font-size: 15px; font-family: Arial; vertical-align: baseline; =
white-space: pre-wrap;" class=3D""><br =
class=3D""></span></div></span></body></html>=
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