Against the advice of an administrative official, the
undergraduate student government went into closed session for a
large portion of its meeting July 27 to discuss possible litigation
against the university regarding the allocation of mandatory
student fees.
The Undergraduate Students Association Council went into
executive session ““ under what members of the public and some
sitting at the council table believe to be questionable conditions
““ to discuss a letter from UC President Robert Dynes sent to
UCLA Chancellor Albert Carnesale, said USAC President Allende
Palma/Saracho.
The letter from Dynes stated that the UC Office of the President
would prohibit USAC from allocating funds to the United States
Student Association, a national lobbying organization, because
funds for the organization were explicitly earmarked, Palma/Saracho
said. But, councilmembers argued that currently, the referendum by
which the organization will receive money no longer names the
organization. Instead, a new referendum approved in the spring
allows the council to allocate a portion of student fees to any
national lobbying organization of their choice.
As the language of the spring referendum is not consistent with
the references Dynes makes in his letter, the council decided to
draft another letter to Dynes expressing their refusal to follow
his orders.
And, in what Palma/Saracho called a “last option,”
the council discussed a potential lawsuit against the university
““ the reason that many councilmembers believed going into
closed session was justified.
During the closed session, two Daily Bruin reporters, a guest
and the meeting minutes-taker were required to leave the meeting
while a “very sensitive matter” was discussed,
Palma/Saracho had said. A Bruin reporter requested that her
dismissal and the reasons for which she was being dismissed be
noted in the minutes.
Administrative Representative Rick Tuttle warned council against
violating the spirit of state open meeting laws ““ to which
USAC is not legally bound. Still, councilmembers are obligated to
abide by their own bylaws.
USAC bylaws permit closed, executive, sessions for any matters
“deemed appropriate by a majority of those voting.”
The council did not officially take a vote before dismissing the
public and many councilmembers say they don’t remember
whether they voted after the dismissal took place.
State open meeting laws do not apply to most governing bodies
and auxiliary groups in the University of California.
The Brown Act and the Bagley-Keene Act, enacted in 1953 and 1967
respectively, clearly define how the actions and deliberations of
local and state agencies must be made public.
Lawyers representing several organizations, including the
Student Press Law Center, the California Newspaper Publishers
Association and the California First Amendment Coalition, agreed
that there were no portions of state law explicitly excluding
student governments at UC campuses from state open meeting
laws.
But, because of the autonomy granted to the UC by the state
legislature, they said, no bodies within the system, other than the
UC Board of Regents, must comply with these acts.
Such autonomy is non-existent at the state’s 23 Cal State
and 209 community college campuses, where student governments, and
other auxiliary groups, must adhere to open meeting
regulations.
Still, some student governments of other UC campuses limit the
abilities by which they can go into closed session more than USAC
does.
The student senate at UC Berkeley, which UCLA’s
undergraduate council was modeled after, holds stricter standards
regarding closed sessions.
At least two-thirds of its members are required to vote in the
affirmative and, even in those situations, the bylaws outline clear
guidelines for entering into closed session. Discussions of
property acquisition, personnel matters and investments are the
only permissible circumstances.
Berkeley student governments must also agree on a strict agenda
of items to be addressed in these sessions beforehand and cannot
vote on any issue during closed session ““ precautions absent
from USAC bylaws.
Some councilmembers believed parts of USAC’s
executive-session discussion should not have occurred behind closed
doors Tuesday night.
“(Members) of council who want to use that option of
executive session must realize that there are few valid reasons for
doing so … it disenfranchises the student body and public,”
said Financial Supports Commissioner Alex Gruenberg.
With reports from Narges Zohoury, Bruin senior
staff.