[2137] in UA Exec
Re: Judicial Board Decision Notification
daemon@ATHENA.MIT.EDU (John W Halloran)
Fri Mar 6 02:22:44 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 07:22:26 +0000
In-Reply-To: <E18FCA17-BC66-496F-A3F3-73AE35780275@mit.edu>
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Apologies for a second email. One minor correction - The date of the the =
announcement email was March 1st and the meeting took place on March =
2nd. =20
> On Mar 6, 2015, at 2:17 AM, John W Halloran <halloran@mit.edu> wrote:
>=20
> To the UA Council, Exec, and Election Commission:
>=20
> 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
>=20
> (1)
>=20
> 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).
>=20
> (2)
>=20
> 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.
>=20
> 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.
>=20
> 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).
>=20
> (3)
>=20
> 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
>=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.
>=20
> The Election Commissioner resigned at the end of February and had not =
announced the election prior to the resignation.
>=20
> 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.
>=20
> 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
>=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).
>=20
> 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.
>=20
> We have decided that the Spring Elections must comply with the =
following schedule:
>=20
> Petitions must be due no earlier Monday, March 16th
> Voting cannot occur prior to the week beginning Monday, April 6th
>=20
> 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.
>=20
> 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.
>=20
> 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
>=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
>=20
>=20
> Unanimously decided,
>=20
> Chair: John Halloran
> Member: Moriel Levy=20
>=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""><div class=3D"">Apologies for a second email. One minor =
correction - The date of the the announcement email was March 1st and =
the meeting took place on March 2nd. </div><br =
class=3D""><div><blockquote type=3D"cite" class=3D""><div class=3D"">On =
Mar 6, 2015, at 2:17 AM, John W Halloran <<a =
href=3D"mailto:halloran@mit.edu" class=3D"">halloran@mit.edu</a>> =
wrote:</div><br class=3D"Apple-interchange-newline"><div class=3D""><meta =
http-equiv=3D"Content-Type" content=3D"text/html charset=3Dutf-8" =
class=3D""><div 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></div></div></blockquote></div><br =
class=3D""></body></html>=
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